HARTER  COMMISSIONERS’  STATEMENT  TO  THE 
ELECTORS  m  REFERENCE  TO  THE  PRO¬ 
POSED  REVISED  CHARTER. 


The  “Grand  Rapids  Plan  of  City  Government”  in  the  revised  charter, 
which  the  Charter  Commission  herewith  presents  to  the  electors,  is  the  fruit 
of  months  of  labor  and  the  result  of  studying-  and  drawing  upon  the  best 
thought,  the  country  over,  along  municipal  lines.  It  is  progressive,  up-to- 
Idate  and  will  insure  the  people’s  rule. 

[  Thevrevised  charter  divides  the  powers  of  government  into  Legislative, 
'Administrative  and  Judicial,  and  assigns  the  execution  of  these  powers  to  the 
[appropriate  departments. 

I  The  Council  will  consist  of  twelve  Aldermen,  one  from  each  ward,  elected 
:for  two  years.  (Title  II.) 

i  The  Council  will  pass  all  ordinances  and  make  all  laws  for  the  city  and  its 
[people.  The  council  has  now  only  such  legislative  powers  as  are  specifically 
given  to  it,  but  under  the  revised  Charter  it  will  have  and  exercise  all  legisla¬ 
tive  powers  of  the  municipality,  subject  only  to  the  few  restrictions  expressly 
stated  in  the  new  Charter.  Thus  is  the  Council’s  importance  and  responsibil- 
lity  in  all  legislative  matters  greatly  increased,  and  it  will  become  the  policy- 
I  determining  body  of  the  city.  While  most  of  the  administrative,  or  purely 
business  functions,  with  which  the  Council  is  now  burdened  will  be  trans- 
jferred  to  the  business  end  of  the  government,  under  the  revised  Charter,  the 
[Council  will  adopt  all  budgets,  fix  the  amount  of  taxes,  determine  the  neces- 
isity  of  special  and  public  improvements  and  order  the  same,  grant  all  licenses, 
[sit  as  a  Board  of  Review  upon  all  assessment  rolls,  act  upon  all  franchises, 
supervise  and  control  all  public  utilities.  (Title  IV.) 

In  place  of  the  present  cumbersome  and  outworn  board  system  of  govern¬ 
ment,  with  its  necessary  dissipation  of  power  and  hiding  of  responsibility,  the 
revised  Charter  will  make  the  Mayor  the  responsible  head  of  the  city  govern- 
!  m.ent. 

i  The  general  business  affairs  of  the  city  will  be  conducted'  through  four 
[main  departments,  as  follows; 

j  Department  of  Public  Works,  in  charge  of  water  works,  electric  lighting,  all 
I  public  and  special  improvements,  streets  and  sewers; 

;  Department  of  Health  and  Safety,  in  charge  of  the  health,  police  and  fire 
i  departments; 

!  Department  of  Parks  and  Public  Property,  in  charge  of  parks,  playgrounds, 
[markets  and  public  buildings; 

=  Department  of  Finance  and  Revenue,  in  charge  of  the  finances  and  rev- 
venues  of  the  city,  and  whose  manager  will  be  the  Treasurer  of  the  city. 
i  At  the  head  of  each  of  these  four  departments  will  be  a  General  Manager, 
I  appointed  by  the  Mayor  without  definite  term,  responsible  to  him  for  the  efii- 
[jcient  management  of  his  department  and  subject  to  removal  by  him  for  cause, 
jupon  filing  his  reasons  therefor;  and  all  of  whom,  together  with  the  Mayor, 
5 will  constitute  the  Administrative  Board.  All  the  administrative  functions  of 
iihe  city  government  will  be  concentrated  in  this  Board  and  in  the  four  general 
[departments  named.  (Title  V.) 

?  This  Board  will  hold  daily  public  meetings,  at  which  it  will  transact  the 
[general  business  of  the  city,  by  yea  and  nay  vote  to  be  publicly  recorded,  and 
[at  which  the  people  will  be  heard  in  petition,  recommendation  or  complaint. 
[Thus  publicity  in  the  transaction  of  the  city’s  business  will  be  secured  and 
P  responsibility  will  be  fixed.  Efficiency  in  office  cannot  be  expected  nor  re¬ 
sponsibility  placed  without  power  is  given.  If  satisfactory  results  are  not 
I  obtained,  the  people  will  have  their  remedy  in  the  recall  of  the  Mayor. 

[  Under  the  revised  Charter,  as  under  the  present  one,  there  will  be_  one 
[City  Attorney,  one  Clerk,  one  Comptroller,  each,  however,  with  additional 
power  and  responsibility,  and  one  Judge  and  Clerk  of  the  Superior  Court,  one 


2 


'  ^ 


/•  )  /-• 

I  V.- 


Judge  and  Clerk  of  the  Police  Court,  two  Justices  of  the  Peace,  and  five 
Library  Commissioners,  all  to  be  elected  by  the  people,  (Title  II.) 

Under  the  revised  Charter,  all  municipal  primaries  and  elections  will  be 
non-partisan.  If  at  the  primary  a  candidate  receives  a  majority  of  all  the 
votes  cast,  he  will  be  thereby  elected  without  another  election.  If  no  candi¬ 
date  receives  a  majority  at  the  primary,  only  the  two  who  receive  the  highest 
vote  will  be  candidates  at  the  subsequent  election.  Thus  a  majority  choice 
will  always  be  assured.  The  purity  and  non-partisan  character  of  all  nom¬ 
inations  and  elections  will  be  secured  through  the  stringent  corrupt  practices 
provisions  of  the  election  title  of  the  Charter.  (Title  III.) 

The  merit  system  will  be  established.  All  city  employes,  other  than  the 
General  Managers  and  Assessors  appointed  by  the  Mayor,  will  belong  to  the 
classified  civil  service  and  will  be  appointed  and  hold  office  for  efficiency  and 
merit  and  in  accordance  with  civil  service  rules  based  upon  experience  and 
the  recommendations  of  the  National  Civil  Service  League.  Removals  of  such 
employes  will  he  made  only  for  cause,  after  reasons  given  and  an  opportunity 
for  answer  afforded,  all  of  which  will  be  matters  of  public  record.  Thus  pub¬ 
licity  will  be  assured,  and  arbitrary  and  unwarranted  removals  be  nrevented. 
(Title  VIII.) 

The  revised  Charter  will  secure  to  the  people  the  right  of  the  initiative  and 
referendum  upon  all  ordinances,  and  the  right  of  the  recall  upon  any  elective 
officer,  except  the  Judiciary.  Initiative  petitions  of  25  per  cent — fixed  by  the 
Home  Rule  Act — referendum  petitions  of  12  per  cent  and  recall  petitions  of 
2  5  per  cent  will  be  required.  Thus  the  city  government  will  be  brought  closer 
to  the  people.  (Title  VI.) 

The  revised  Charter  will  safeguard  the  interests  of  the  people  in  all  fran¬ 
chise  grants,  will  secure  reasonable  rates  of  charge,  good  service  and  neces¬ 
sary  extensions;  first,  by  publicity  in  the  granting  of  all  franchises  and  re¬ 
newals  and  in  the  accounting  and  reports  of  all  public  utilities;  second,  by  re¬ 
quiring  the  Council  to  fix  a  maximum  rate  of  charge;  third,  by  requiring  the 
(Council  to  fix  the  actual  value,  of  the  property  of  the  utility,  not  including  any 
so-called  franchise  value;  fourth,  by  reserving  to  the  Council  the  right  to  re¬ 
duce  rates  of  charge,  subject  only  to  the  restriction  that  the  rate  shall  be 
such  as  to  earn  a  fair  and  reasonable  return  upon  the  actual  investment: 
fifth,  by  giving  the  Council,  in  determining  the  value  of  such  investment,  the 
right  to  pass  upon  all  expenditures  for  operation  and  all  amounts  expended 
or  charged  for  improvements  and  depreciation,  subject  only  to  the  right  of 
arbitration  if  the  utility  objects;  sixth,  by  giving  the  right  to  the  Council  to 
order  and  enforce  extensions  of  service,  subject  to  the  right  of  arbitration: 
seventh,  by  the  compulsory  and  automatic  referendum  of  all  term  franchises 
and  upon  petitions  of  12  per  cent  on  all  other  franchises;  eighth,  by  making 
municipal  ownership  easy  when  the  people  so  determine  and  by  giving  to  the 
city  the  right,  at  the  end  of  fifteen  years  from  the  grant  of  each  franchise  or 
renewal  and  any  five-year  period  thereafter,  to  purchase  the  property  of  the 
utility  for  its  actual  cash  value,  plus  an  amount  to  be  named  in  the  franchise; 
and  by  giving  to  the  city  the  right,  either  upon  forfeiture  or  at  the  expiration 
of  the  franchise,  to  purchase  the  property  of  the  utility,  or  compel  its  sale  to 
others  at  its  actual  cash  value — such  value  in  no  case  to  include  any  fran¬ 
chise  value.  Thus  will  the  rights  of  the  city  be  protected  upon  the  expiration 
of  the  existing  franchises  and  continuous  service  provided,  without  the  ne¬ 
cessity  of  tearing  up  streets  and  interrupting  business  for  the  installation  of 
new  utilities.  (Title  VII.) 

The  revised  Charter  will  initiate  a  new  and  efficient  system  of  uniform  ac¬ 
counting  of  all  city  finances  and  business,  a  system  that, will  prevent  expend¬ 
itures  in  excess  of  appropriations,  will  show  the  taxpayers  where  their  money 
goes,  will  encourage  economy  and  will  in  the  near  future  bring  and  there¬ 
after  at  all  times  keep  the  city  upon  a  cash  basis  (Titles  V.  and  XVITT.) 

Under  the  revised  Charter  there  will  be,  as  at  present,  three  Assessors 
and  the  tax  provisions  will  remain  practically  as  at  present,  except  that  the 
new  Charter — under  the  specific  requirements  of  the  Home  Rule  Act — will 
make  the  procedure  of  assessment,  review,  levy  and  collection  of  taxes  con¬ 
form  to  the  general  tax  laws  of  the  state  and,  it  is  hoped,  will  save  consider¬ 
able  expense.  The  sale  of  property  for  delinquent  taxes  will  be  made  only 
upon  judicial  decree,  as  is  now  the  case  with  state  and  county  taxes.  This 
will  give  every  delinquent  taxpayer  his  day  in  court,  and  will  insure  better 
collection  of  the  taxes  of  the  city.  (Title  IX.) 

The  revised  Charter  will  recognize  and  secure  to  the  people  the  benefits  of 
social  welfare  work,  in  the  creation  of  a  new  “Municipal  Social  Center  Com¬ 
mission;”  the  proper  relief  of  the  poor  and  the  scientific  treatment  of  the 
problem  of  poverty  in  the  creation  of  thTe  ‘“Commission  of  General  Welfare;” 


fe\  ,  U  \ 


the  growing  interest  in  art  for  the  people  and  the  increasing  importance  of 
the  Museum  in  the  creation  of  an  “Art  and  Museum  Commission.”  It  will 
make  no  change  in  the  government  of  the  Public  Library.  (Titles  V.,  XIII 
^  and  XIV.) 

In  all  matters,  however  of  business  and  of  direct  administrative  authority, 
it  will  sw’eep  away  the  board  system  and  substitute  therefor  a  system  of  di- 
^  rect,  individual  responsibility  of  each  official  to  the  people. 

Finally,  the  revised  Charter  will,  we  believe,  be  a  distinct  step  forward 
in  the  well-being  and  progress  of  the  City  of  Grand  Rapids  and  its  whole 
people,  and  we  bespeak  for  it  the  fair-minded  consideration  and  study  of  the 
people. 

The  complete  text  of  the  proposed  new  Charter  can  be  secured  in  pam¬ 
phlet  form,  free  of  charge,  by  application  to  the  City  Clerk. 

ALBERT  J.  ALT, 

JOHN  DE  KRUIF, 

ALLEN  M.  FREELAND, 

HENRY  T.  HEALD, 

•  CORNELIUS  HOFFIUS, 

ROBERT  W.  IRWIN, 

WHLLIAM  J.  LANDMAN, 

WILLIAM  OLTMAN, 

HOWARD  A.  THORNTON, 

ARTHUR  H.  VANDENBERG. 

MYRON  H.  WALKER, 

SYBRANT  WESSELIUS, 

ROGER  I.  WYKES. 


4 


I  hereby  certify  that  the  follov/ing  is  a  correct  transcript  of  the 
proposed  Revised  Charter  of  the  City  of  Grand  Rapids,  Michigan, 
as  adopted  by  the  Charter  Commission  of  said  city,  November  ii, 
igii,  and  approved  by  the  Governor  November  15,  1911. 

Said  proposed  Revised  Charter  to  be  submitted  to  a  vote  of  the 
electors  on  February  20,  1912. 

JAMES  SCHRIVER, 

City  Clerk. 


Proposed  Charter 


REVISED  CHARTER  OF  THE  CITY  OF  GRAND  RAPIDS. 

The  Electors  of  the  City  of  Grand  Rapids,  in  the  State  of  Michigan, 
pursuant  to  the  authority  granted  them  by  the  Constitution  and 
General  Laws  of  said  State,  hereby  revise  the  Charter  of  the  City 
of  Grand  Rapids  to  read  as  follows: 


TITLE  I. 

IXCORPORATIOX  —  CITY  AND 
WARD  BOUXDARIES — GEXERAL 
CORPORATE  POWERS  —  DIVI- 
SIOX"  OF  POWERS  OF  GOVERX- 
MEXT — IMPOSED  AXD  ASSU3IED 
POWERS. 

Xame — Action. 

Sec.  1.  That  the  municipal  corpor¬ 
ation  known  as  “The  City  of  Grand 
Rapids”  shall  be  and  continue  to  be  a 
municipal  corporation  by  the  name  of 
“The  City  of  Grand  Rapids;”  and  by 
that  name  it  may  sue,  implead,  and 
complain  in  any  court  of  record,  and 
in  any  other  place  whatsoever;  but 
it  shall  be  sued  or  complained  of  only 
in  the  Superior  Court  of  Grand  Rap¬ 
ids;  it  shall  have  and  use  its  present 
seal,  and  may  alter  such  seal  at  pleas- 
sure;  it  may  take,  hold,  use,  occupy, 
possess,  purchase,  lease,  convey,  en¬ 
cumber  and  dispose  of  any  real,  per¬ 
sonal  or  mixed  estate  for  the  use  or 
benefit  of  said  municipal  corporation 
as  authorized  under  this  Charter. 
Description  of  Territory. 

Sec.  2.  The  district  of  country  in 
the  County  of  Kent  and  State  of  ^lich- 
igan  hereinafter  particularly  described, 
is  hereby  continued  as  and  constituted 
and  declared  to  be  a  City  by  the  name 
of  “Grand  Rapids,”  and  subject  to  the 
municipal  government  of  said  corpor¬ 
ation;  said  district  of  said  country  be¬ 


ing  bounded  as  follows,  to-wit:  Be¬ 
ginning  at  the  northwest  corner  of 
Section  Eighteen,  Town  Seven  North, 
Range  Eleven  West;  thence  east  along 
the  north  line  of  said  section,  one 
mile  to  the  northeast  corner  thereof; 
thence  south  along  the  east  line  of 
said  Section  Eighteen,  one  mile  to  the 
southeast  corner  thereof;  thence  east 
along  the  north  line  of  Section  Twen¬ 
ty,  Town  Seven  North,  Range  Eleven 
West,  one-half  mile  to  the  north  quar¬ 
ter  post  of  said  Section  Twenty;  thence 
south  along  the  north  and  south  quar¬ 
ter  line  of  said  Section  Twenty,  to 
the  south  line  of  said  section;  thence 
east  on  the  line  between  Sections 
Twenty  and  Twenty-nine  of  said  Town 
Seven  North.  Range  Eleven  West,  one- 
half  mile  to  the  northeast  corner  of 
said  Section  Twenty-nine;  thence 
south  two  miles  along  the  east  line  of 
said  Section  Twenty-nine  and  Section 
Thirty-two  of  Town  Seven  North, 
Range  Eleven  West  to  the  south 
line  of  said  Town  Seven  North, 
Range  Eleven  West,  thence  south 
along  the  east  line  of  Section  Five, 
Town  Six  N'orth,  Range  Eleven  West, 
one  mile  to  the  southeast  corner  of 
said  section;  thence  west  along  the 
south  line  of  Sections  Five  and  Six  of 
Town  Six  North,  Range  Eleven  West, 
two  miles  to  the  west  line  of  said 
Town  Six  North,  Range  Eleven  West; 
thence  west  one  mile  along  the  south 
line  of  Section  One,  Town  Six  North, 
Range  Twelve  West,  to  the  southwest 


5 


corner  of  said  Section  One;  thence 
north  along  the  west  line  of  said 
Section  One,  one  mile  to  the 
northwest  corner  thereof;  thence 
west  along  the  south  line  of  Sec¬ 
tions  Thirty-flve  and  Thirty-four 
produced  of  Town  Seven  North,  Range 
Twelve  West,  one  and  forty-five  one- 
hundredths  miles,  more  or  less,  to  the 
center  of  Grand  River;  thence  north¬ 
easterly  along  the  center  of  said  river 
to  the  west  line  of  Section  Thirty-five 
produced  south;  thence  north  on  the 
west  line  produced  north  of  said  Sec¬ 
tion  Thirty-five  and  the  west  lines  of 
Sections  Twenty-six,  Twenty-three  and 
Fourteen  of  Town  Seven  North,  Range 
Twelve  West,  to  the  quarter  post  of 
said  Section  Fourteen;  thence  east 
along  the  east  and  west  quarter  line 
of  said  Section  Fourteen,  one-half 
mile  to  the  center  of  said  section; 
thence  north  along  the  north  and 
south  quarter  line  of  said  Section 
Fourteen,  one-half  mile  to  the  north 
quarter  post  of  said  section;  thence 
east  along  the  north  boundary  of  said 
Section  Fourteen  and  Section  Thirteen. 
Town  Seven  North,  Range  Twelve 
West,  to  the  northeast  corner  of  said 
Section  Thirteen;  thence  north  ten 
and  fifty-six  one-hundredths  feet  to 
the  place  of  beginning;  also  as  much 
of  Grand  River  as  is  embraced  within 
the  boundaries  above  described. 

Ward  Divisions — Boundaries. 

Sec.  3.  The  said  City  of  Grand 
Rapids  shall  be  divided  into  twelve 
wards,  as  follows: 

First  Ward. 

Sec.  4.  All  that  part  of  said  city 
lying  south  of  the  center  line  of  Ful¬ 
ton  street  extended  to  the  center  of 
Grand  river  and  west  of  the  center 
line  of  South  Division  street,  and  east 
of  the  center  of  Grand  river  and  north 
of  the  center  line  of  Fifth  avenue  in 
said  city,  and  of  that  line  extended 
west  to  the  center  of  Grand  river, 
shall  constitute  the  First  Ward. 

Second  Ward. 

Sec.  5.  All  that  part  of  said  city  ly¬ 
ing  north  of  the  center  line  of  Fulton 
street  and  of  said  center  line  of  Fulton 
street  extended  to  the  center  of  Grand 
river  and  east  of  the  center  of  said 
river  and  south  of  the  center  line  of 
Lyon  street  and  of  said  line  extended 
to  the  center  of  said  river  and  ex¬ 
tended  east  to  the  city  limits,  as  fixed 
by  this  Charter,  shall  constitute  the 
Second  Ward. 

Third  Ward. 

Sec.  6.  All  that  part  of  the  city  ly¬ 
ing  south  of  the  center  line  of  Fulton 
street  and  of  that  line  extended  east 
to  the  city  limits  as  fixed  by  this  Char¬ 
ter,  and  east  of  the  center  line  of 
South  Division  street  and  north  of  the 


center  line  of  Wealthy  avenue,  and  of 
that  line  extended  east  to  said  city 
limits,  as  fixed  by  this  Charter,  shall 
constitute  the  Third  Ward. 

Fourth  Ward. 

Sec.  7.  All  that  part  of  said  city 
lying  north  of  the  center  line  of  Lyon 
Street  and  of  said  line  extended  to 
the  center  of  Grand  river  and  east 
to  the  city  limits,  as  fixed  by  this  Char¬ 
ter,  and  south  of  the  center  line  of 
Fairbanks  street  and  of  said  line  ex¬ 
tended  to  the  center  of  Grand  river 
and  easterly  to  the  said  city  limits 
and  east  of  the  center  of  Grand  river, 
shall  constitute  the  Fourth  Ward. 

Fifth  Ward. 

Sec.  8.  All  that  part  of  said  city 
lying  north  of  the  center  line  of  Fair¬ 
banks  street,  and  of  said  line  extended 
to  the  center  of  Grand  river  and  ex¬ 
tended  easterly  to  the  city  limits,  as 
fixed  by  this  Charter,  and  lying  east 
of  the  center  of  Grand  river  and  ex¬ 
tended  north  to  the  north  boundary 
of  said  city,  as  fixed  by  this  Charter, 
shall  constitute  the  Fifth  Ward. 

Sixth  Ward. 

Sec.  9.  All  that  part  of  said  city 
lying  west  of  the  center  of  Grand  river 
and  north  of  the  center  line  of  Seventh 
street  and  of  said  line  extended  east¬ 
erly  to  the  center  of  Grand  river  and 
extended  westerly  to  the  city  limits, 
as  fixed  by  this  Charter,  and  extended 
north  to  the  city  limits,  as  fixed  by 
this  Charter,  shall  constitute  the  Sixth 
Ward. 

Seventh  Ward. 

Sec.  10.  All  that  part  of  said  city 
lying  west  of  the  center  of  Grand  river 
and  south  of  the  center  line  of  Sev¬ 
enth  street  extended  easterly  to  the 
center  of  Grand  river  and  westerly  to 
the  city  limits,  as  fixed  by  this  Char¬ 
ter,  and  north  of  the  center  line  of 
West  Bridge  street  and  of  said  last 
line  extended  easterly  to  the  center  of 
Grand  river  and  westerly  to  the  city 
limits,  as  fixed  by  this  Charter,  shall 
constitute  the  Seventh  Ward. 

Eighth  Ward. 

Sec.  11.  All  that  part  of  the  city 
lying  west  of  center  of.  Grand  river 
and  south  of  the  center  line  of  West 
Bridge  street  extended  easterly  to  the 
center  of  Grand  river  and  w'esterly  to 
the  city  limits,  as  fixed  by  this  Char¬ 
ter,  and  north  of  the  center  line  of 
Sha'wmut  avenue  extended  easterly  to 
the  center  of  Grand  river  and  westerly 
to  the  city  limits,  as  fixed  by  this  Char¬ 
ter.  shall  constitute  the  Eighth  Ward. 

Ninth  Ward. 

Sec.  12.  All  that  part  of  said  city 
lying  south  of  the  center  line  of  Shaw- 
mut  avenue  extended  easterly  to  the 
center  of  Grand  river  and  westerly  to 


me  cicy  limits,  as  fixed  by  this  Char¬ 
ter,  and  west  of  the  center  of  Grand 
river  to  the  west  city  limits,  as  fixed 
oy  this  Charter,  shall  constitute  the 
Ninth  Ward. 

Tenth  Ward. 

Sec.  13.  All  that  part  of  said  city 
lying  south  of  the  center  line  of 
Wealthy  avenue  and  of  that  line  ex¬ 
tended  easterly  to  the  city  limits,  as 
fixed  by  this  Charter,  and  east  of  the 
center  line  of  South  Division  street 
and  north  of  the  center  line  of  Fifth 
avenue  and  of  such  last  named  line 
extended  easterly  to  the  city  limits, 
shall  constitute  the  Tenth  Ward. 

Eleventh  Ward. 

Sec.  14.  All  that  part  of  said  city 
lying  south  of  the  center  line  of  Fifth 
avenue  and  of  that  line  extended  east¬ 
erly  to  the  city  limits,  as  fixed  by  this 
Charter,  and  east  of  the  center  line 
of  South  Division  street  and  of  that 
line  extended  south  to  the  city  limits, 
as  fixed  by  this  Charter,  shall  consti¬ 
tute  the  Eleventh  Ward. 

Twelfth  Ward. 

Sec.  15.  All  that  part  of  the  city 
lying  south  of  the  center  line  of  Fifth 
avenue  and  of  that  line  extended  west¬ 
erly  to  the  center  of  Grand  river  and 
west  of  the  center  line  of  South  Di¬ 
vision  street  and  of  that  line  extended 
south  to  the  citv  limits,  as  fixed  by 
this  Charter,  and  east  of  the  center  of 
Grand  river,  shall  constitute  the 
Twelfth  Ward. 

Each  Ward  an  Election  District. 

Sec.  16.  Each  ward  shall  be  an 
election  district  by  itself,  but  it  shall 
be  lawful  for  the  Council  in  the  month 
next  preceding  the  notice  of  a  general 
registration  to  d'vide  the  several  wards 
of  the  city,  or  any  part  of  them,  into 
convenient  election  precincts  for  the 
purposp  of  holding  general  and  special 
elections,  and  in  case  any  ward  or 
wards  shall  be  divided  the  provisions 
of  th-'s  Charter  end  of  the  e-eneral  laws 
of  this  state  relating  to  elections  other 
than  in  tow^s,  shall  be  applicable,  ex¬ 
cept  as  herein  otherwise  provided.  ' 

I’ov.crs  of  Go-.cMimcnt — Division  Of. 

Sec.  17.  "nhe  powers  of  government 
of  this  city  are  divided  mto  three  de¬ 
partments — the  Legislative,  Executive 
and  .Judicial. 

Ihu'.'-cn.s  in  One  Dci)artnicnt  Not  to 

E.vtvcisc  rowers  of  Another. 

Sec.  18.  No  person  belonging  to 
one  department  shall  exercise  the  pow¬ 
ers  properly  belongina-  to  another,  ex¬ 
cept  in  the  cases  cxnressly  prov'ded  in 
this  Charter. 

Riehts  and  t'owers  Imposed  by  Tjaw — 

City  to  Exercise. 

Sec.  19.  Without  lessening  or  in 


disparagement  of  any  powers  now  held 
or  exercised  by  the  city,  unless  in  this 
Charter  expressly  repealed,  it  shall 
hereafter  have  and  through  its  Ex¬ 
ecutive,  Legislative  and  Judicial  De¬ 
partments  exercise  all  rights  and  pow¬ 
ers  made  mandatory  upon  it  by  the 
constitution  and  laws  of  this  state  or 
expressly  enjoined  upon  it  by  Sec.  3  of 
Act  279  of  the  Public  Acts  of  1909  and 
any  amendments  thereof. 

Further  Rights  and  Powers — Assump¬ 
tion  of. 

Sec.  2  0.  Without  lessening  or  in 
disparagement  of  any  powers  now  ex¬ 
ercised  by  said  city,  and  not  herein 
and  hereby  expressly  surrendered  and 
repealed,  it  reserves  the  right  and 
hereby  accepts  the  right  to  exercise 
at  any  time,  throu°-h  its  Executive, 
Legislative  and  Judicial  Departments, 
or  by  the  joint  action  of  two  or  more 
of  said  departments,  all  powers  and 
rights  permitted  by  the  constitution 
and  general  laws  of  this  state  and 
particularly  those  conferred  upon  it 
by  virtue  of  the  provisions  of  Sec.  4 
of  Act  279  of  the  Public  Acts  of  1909, 
and  any  amendment  thereof,  and  also 
the  righi  to  appropriate  private  prop¬ 
erty  for  public  use,  now  or  hereafter 
vested  in  the  City  of  Grand  Rapids, 
for  any  purpose  authorized  by  this 
Charter  or  by  any  special  or  general 
law  of  the  State  of  Michigan, 

TITLE  II. 

ELECTION  AND  APPOINT3IENT  OF 
OFFICERS. 

Elc'ctive  Officers. 

Sec.'l.  The  following  officers  of  the 
city  shall  be  elected,  hold  office,  possess 
the  .qualifications  and  have  the  powers 
and  perform  the  duties  as  provided  in 
this  Charter  and  in  the  general  or 
special  law^s  of  this  state,  viz:  One 
Mayor,  one  City  Attorney,  one  Comp¬ 
troller.  one  City  Clerk,  one  Judge 
and  one  Clerk  of  the  Superior  Court 
of  Grand  Rapids,  one  Judge  and  one 
Clerk  of  the  Police  Court,  two  Justices 
of  the  Peace,  and  five  Library  Com¬ 
missioners;  also  one  Councilman  and 
one  Constable  from  each  ward,  and 
such  other  elective  officers  of  the  City, 
if  an.v,  whose  offices  are  no\v  or  may 
hereafter  be  created  by  laAv. 

Row  and  Mlicn  Elected — Term  of 

Olfico. 

Sec.  2.  At  the  first  municipal  elec¬ 
tion  after  the  adoption  of  this  Charter 
and  every  two  years  thereafter,  except 
as  otherwise  provided  in  the  schedule 
hereto,  there  shall  be  elected  by  the 
electors  of  the  w'^hole  city,  the  follow¬ 
ing  officei-s:  The  Mayor.  City  Attorney, 
City  Clerk,  Comptroller,  each  of  whom 
shall  hold  office  for  the  term  of  two 


7 


years  from  and  including  the  first 
Monday  of  May  after  his  election  and 
until  his  successor  is  elected  and  quali¬ 
fied. 

The  Judge  and  Clerk  of  the  Superior 
Court,  the  Judge  and  Clerk  of  the 
Police  Court,  the  two  Justices  of  the 
Peace  and  the  members  of  the  Board 
of  Library  Commissioners,  shall  be 
elected  at  isuch  times  and  hold  their 
offices  for  such  periods  as  is  provided 
in  the  several  titles  or  sections  of  this 
Charter  providing  for  their  election, 
but  the  manner  of  their  nomination 
and  election  shall  conform  to  that  of 
all  other  city  officers  as  provided  in 
this  Charter. 

At  the  first  municipal  election  after 
the  adoption  of  this  Charter  and  every 
two  years  thereafter,  there  shall  be 
elected  by  the  electors  of  the  several 
wards,  one  Councilman  and  one  Con¬ 
stable  from  each  ward,  each  of  whom 
shall  hold  his  office  for  the  term  of 
two  years  from  and  including  the  first 
Monday  of  May  after  his  election  and 
until  his  successor  is  elected  and  quali¬ 
fied. 

Nomination  and  Election. 

Sec.  3.  All  officers  to  be  elected  by 
the  people  shall  be  nominated  and 
elected  in  accordance  with  the  pro¬ 
visions  of  Title  III  of  this  Charter 
relating  to  nominations  and  elections. 

General  Managers. 

Sec.  4.  There  shall  be  appointed,  as 
hereinafter  provided,  heads  of  the  sev¬ 
eral  departments  whose  titles  shall  be 
as  follows: 

(a)  General  Manager  of  Public 
Works. 

(b)  General  Manager  of  Health  and 
Safety. 

(c)  General  Manager  of  Parks  and 
Public  Property. 

(d)  General  Manager  of  Finance 
and  Revenue: 

Provided  that  the  General  Manager 
of  the  Department  of  Finance  and 
Revenue  shall  be  the  Treasurer  of  the 
city. 

Office — Qualifications  for. 

Sec.  5.  No  person  shall  be  eligible 
to  any  elective  office  unless  he  shall 
be  a  citizen  of  the  United  States  and 
^  an  elector  of  the  city. 

No  person  shall  be  elected  or  ap¬ 
pointed  to  any  office  under  this  Charter 
who  shall  be  or  has  been  a  defaulter 
to  said  city  during  the  ten  yeans  previ¬ 
ous  to  his  election  or  appointment. 

May  Hold  but  One  Office. 

Sec.  6.  It  shall  not  be  competent  for 
any  city  officer  or  employe  to  hold  two 
offices  under  the  city  government  at 
one  time  except  as  herein  otherwise 
provided. 


Office — When  Deemed  Vacant — When 

Council  May  Declare  Vacant. 

Sec.  7.  An  office  shall  be  deemed 
vacant  upon  the  death  or  resignation 
of  the  incumbent,  or  upon  such  in¬ 
cumbent  ceasing  to  possess  the  quali¬ 
fications  of  an  elector  of  the  city,  or 
upon  impeachment,  removal  or  recall 
from  office. 

The  office  of  Councilman  shall  also 
be  deemed  vacant  whenever  the  in¬ 
cumbent  thereof  shall  cease  to  be  a 
resident  of  the  ward  for  which  he  was 
elected,  or  fails  to  attend  four  suc¬ 
cessive  regular  meetings  of  the  Coun¬ 
cil  unless  excused  by  the  Council,  but 
a  change  of  the  bounds  of  any  ward 
shall  not  be  deemed  a  change  of  resi¬ 
dence  of  any  Councilman  so  as  to 
create  or  cause  a  vacancy  in  such 
office. 

The  office  of  any  city  officer  or  em¬ 
ploye  may  be  declared  by  the  Council 
to  be  vacant  whenever  the  incumbent 
thereof  shall  be  absent  from  the  city 
for  a  period  of  30  days  without  leave 
of  the  Council  or  shall  not  perform 
the  duties  of  his  office  for  a  like  period 
without  such  leave. 

Office  of  Mayor — Vacancies  in — How 

Filled. 

Sec.  8.  In  case  of  a  vacancy  in  the 
office  of  Mayor,  the  President  of  the 
Council  shall  act  as  Mayor  until  the 
next  .special  or  general  election  and 
until  his  successor  is  elected  and  quali¬ 
fied.  In  case  of  the  disability,  refusal 
to  act  or  absence  of  the  Mayor  from 
the  city,  the  President  of  the  Council 
shall  act  as  Mayor  during  such  in¬ 
terim. 

Other  Offices — Vacancies  in — How 

Filled. 

Sec.  9.  In  case  of  any  vacancy  in 
the  office  of  City  Attorney,  Comptroller 
or  City  Clerk,  the  Council  shall  elect 
by  majority  ballot  the  person  to  fill 
such  vacancy  who  shall  serve  until 
the  next  general  or  special  election 
and  until  his  successor  is  elected  and 
qualified. 

Acceptance  of  Office — Taking  Oath  of 

Office  and  Filing  Bond. 

Sec.  10.  It  shall  be  the  duty  of 
every  person  elected  or  appointed  to 
an  office  under  this  Charter,  and  of 
any  employe  who  may  be  required  so 
to  do.  within  twenty  days  after  the 
time  of  his  election  or  appointment 
and  before  entering  upon  the  duties 
of  his  office  or  employment,  to  take 
the  Constitutional  oath  of  office  and 
file  the  same  in  the  office  of  the  City 
Clerk,  together  with  his  acceptance 
of  said  office  or  employment,  and  any 
bond  which  he  may  be  required  to 
execute  and  file  as  such  officer  or  em¬ 
ploye. 


8 


Failure  to  Qualify. 

Sec.  11.  If  any  person  elected  or 
appointed  under  this  Charter  shall 
not  take  and  subscribe  the  oath  of 
office  required  therein  and  file  the 
same  as  required,  or  shall  not  cause 
a  notice  of  acceptance  to  be  filed  as 
therein  directed,  or  shall  fail  to  exe¬ 
cute  and  file  an  official  bond  as  therein 
required,  the  same  shall  be  deemed 
to  be  a  refusal  to  serve. 

Appointive  Offices — Vacancies  in — 

WTien  Filled. 

Sec.  12.  Whenever  a  vacancy  occurs 
in  an  appointive  office  or  position, 
the  same  shall  be  filled,  if  deemed 
necessary,  by  the  officer  or  officers 
having  power  to  make  the  appoint¬ 
ment  and  in  like  manner  as  in  the 
first  instance,  and  where  the  same 
shall  be  subject  to  confirmation  by  any 
other  officer  or  officers,  the  same  con¬ 
firmation  shall  be  required  as  in  the 
case  of  the  original  appointment.  All 
resignations  shall  be  made  to  the 
authority  having  power  to  fill  the 
vacancy  and  shall  be  filed  with  the 
City  Clerk. 

General  Managers — Appointment  of — 

Removal. 

Sec.  13.  The  General  Managers  of 
the  several  departments  herein  created, 
in  case  of  vacancy  in  such  position, 
shall  be  appointed  by  the  Mayor,  sub¬ 
ject  to  confirmation  by  a  majority  vote 
of  the  Council,  and  shall  hold  office 
during  good  behavior  and  efficient 
service:  Provided,  the  Mayor  shall 
have  power  to  suspend  or  remove  any 
General  Manager,  when  in  his  judg¬ 
ment  the  public  interest  demands  or 
will  be  better  served  thereby.  In  case 
of  such  removal  or  suspension,  if  the 
General  Manager  so  removed  or  sus¬ 
pended  requests  it,  the  Mayor  shall  file 
in  the  office  of  the  City  Clerk  a  written 
statement  of  the  reasons  for  which 
the  removal  or  suspension  was  made. 
During  the  period  of  suspension  the 
Administrative  Board  shall  provide  for 
the  performance  of  the  duties  of  the 
suspended  officer. 

Assessors — How  Chosen. 

Sec.  14.  There  shall  be  three  As¬ 
sessors.  who  shall  be  appointed  by 
the  Mayor  and  confirmed  by  a  majority 
vote  of  the  Council,  and  who  shall 
hold  office  during  good  behavior  and 
efficient  service:  Provided,  the  Mayor 
shall  have  power  to  suspend  or  re¬ 
move  any  Assessor,  but  only  upon 
cause  or  when  in  his  judgment  the 
public  interests  demand  or  will  be 
better  served  thereby. 

In  case  of  such  removal,  if  the  As¬ 
sessor  so  removed  or  suspended  re¬ 
quests  it,  the  Mayor  shall  file  in  the 
office  of  the  City  Clerk  a  written 


statement  of  the  reasons  for  which 
the  removal  was  made. 

Until  changed  by  the  Council,  the 
salaries  of  the  Assessors  shall  remain 
as  at  present.  The  Assessors  may  ap¬ 
point  such  employes  as  the  economi¬ 
cal  and  efficient  service  of  their  office 
may  require,  and  prescribe  and  fix 
their  duties  and  compensation,  sub¬ 
ject  to  the  approval'  of  the  Council: 
Provided,  however,  that  such  employes 
shall  be  appointed  from  persons  cer¬ 
tified  by  the  Civil  Service  Commission 
as  eligible  under  its  rules  and  shall 
hold  office  during  good  behavior  and 
efficient  service  or  until  they  shall 
resign  or  be  removed  in  accordance 
with  the  Civil  Service  Rules  and  Regu¬ 
lations  in  this  Charter  provided.  The 
Assessors  shall  be  and  constitute  the 
Board  of  Assessors  of  said  city. 


TITLE  m. 

ELECTIOXS — REGISTRATIOX. 

Elections — Notice  of — Primary  In¬ 
cluded. 

Sec.  1.  Regular  elections  shall  be 
held  as  provided  in  this  Charter  and 
special  elections  shall  be  held  at  such 
times  and  for  such  purposes  as  the 
Council  may  prescribe,  except  when 
otherwise  provided  in  this  Charter: 
Provided,  that  at  least  ten  days’  notice 
shall  be  given  of  the  time,  place  and 
purpose  of  any  such  election  as  in  this 
Charter  provided.  The  term  “elec¬ 
tions”  and  “election”  as  used  in  this 
Title  shall  be  construed  to  include 
primary  elections. 

Electors — Who  Are — No  Party  En¬ 
rollment. 

Sec.  2.  All  persons  who  are  electors 
under  the  Constitution  and  general 
laws  of  the  State  are  made  electors 
under  this  Charter  and  qualified  to 
vote  at  all  elections  held  thereunder; 
they  shall  be  subject  to  the  same 
challenge  and  required  to  take  the 
same  oath,  and  for  any  violation 
thereof  shall  be  subject  to  the  same 
penalties  as  may  be  prescribed  by  the 
laws  of  the  state:  Provided,  that  noth, 
ing  in  the  laws  of  the  state  applying 
to  party  enrollment  or  any  other  party 
procedure  shall  apply  to  elections  held 
under  this  Charter. 

Residence  of  Voters — Electors  Not 
Householders. 

Sec.  3.  At  all  elections  every  voter 
shall  vote  in  the  ward  or  precinct 
wherein  he  shall  have  resided  twenty 
days  next  preceding  the  day  of  elec¬ 
tion  at  which  he  casts  his  vote. 

Any  elector,  not  being  a  householder, 
shall  be  deemed  a  resident  of  the 
ward  or  election  district  in  which  his 
regular  place  of  lodging  is  located. 


9 


Council  to  Designate  Place  and  Officers 

of  Election — Voting  Machines. 

Sec.  4.  At  least  twenty  days  prior 
to  any  election,  the  Council  shall  desig¬ 
nate  one  place  of  voting  in  each  pre¬ 
cinct  and  shall  appoint  and  fix  the 
compensation  of  inspectors  of  election 
for  each  place  of  voting  as  may  be 
required  by  the  general  laws  for  state 
and  county  elections.  Voting  machines 
may  be  used  in  any  ward  or  precinct 
if  so  ordered  by  the  Council,  and  in 
that  case  the  Council  shall  have  the 
authority  to  reduce  the  number  of  in¬ 
spectors. 

Time  and  Manner  of  Conducting  Elec¬ 
tions. 

Sec.  5.  At  all  elections  the  votes 
shall  be  by  ballot,  and  the  polls  shall 
be  opened  in  each  of  the  respective 
precincts  of  each  of  the  wards  of  said 
city,  at  the  several  places  designated 
by  the  Council,  at  7  o’clock  in  the 
forenoon,  and  shall  be  continued  open 
until  5  o’clock  in  the  afternoon  of  the 
same  day  and  no  longer.  The  manner 
of  printing,  numbering  and  initialing 
the  ballots,  of  conducting  the  elections, 
and  voting  at  same  under  this  Charter, 
of  opening  and  closing  the  polls,  keep¬ 
ing  the  poll  lists,  canvassing  the  votes, 
declaring  the  result  and  certifying  the 
returns,  shall  be  the  same  as  provided 
by  the  laws  of  this  state  for  state  and 
county  elections,  except  as  otherwise 
provided  in  this  Charter,  and  except 
wherein  the  same  may  be  inconsistent 
with  the  provisions  of  this  Charter. 

Notice — By  WTiom  and  How  Given. 

Sec.  6.  The  City  Clerk,  under  di¬ 
rection  of  the  Council,  shall  give  no¬ 
tice  by  publication  in  two  daily  news¬ 
papers,  printed  and  circulated  in  said 
city,  at  least  four  alternate  days  with¬ 
in  the  last  ten  days  preceding  such 
election,  of  the  time  and  places  of 
holding  such  election,  the  offices  to  be 
filled,  a  list  of  the  names  of  all  the 
candidates  therefor,  and  the  meas¬ 
ures,  if  any,  to  be  submitted,  except 
as  otherwise  provided  by  this  Charter 
or  by  the  laws  of  the  State. 

Ballots,  Etc. — City  Clerk  to  Prepare 

— Delivery  of — Certificate  for. 

Sec.  7.  It  shall  be  the  duty  of  the 
*  City  Clerk  to  cause  to  be  made  out, 
ready  for  delivery  forty-eight  hours 
before  the  time  fixed  by  law  for  the 
opening  of  the  polls  on  the  day  of 
each  election,  all  necessary  books, 
blanks  and  lists  required  by  the  gen¬ 
eral  law's  of  the  state  or  by  this  Char¬ 
ter,  for  holding  elections,  and  twice 
the  number  of  ballots  for  each  voting 
place  as  the  total  vote  cast  therein  at 
the  last  general  election.  It  shall  be 
the  duty  of  the  chairman  or  any 


member  of  the  board  of  election  in¬ 
spectors  of  each  voting  precinct  in  the 
City,  to  appear  in  the  office  of  the  City 
Clerk  not  more  than  forty-eight  hours 
before  the  hour  for  opening  of  the 
polls  of  any  municipal  election,  and 
the  said  City  Clerk  shall  deliver  to 
him,  in  a  sealed  package,  the  ballots 
and  other  material  provided  for  his 
precinct.  The  necessary  number  of 
ballots  shall  be  wrapped  and  tied  in 
packages  and  securely  sealed  with 
wax,  and  the  City  Clerk  shall  make 
and  sign  a  certificate  setting  forth  the 
number  of  ballots  in  each  package, 
and  that  such  packages  were  packed 
and  sealed  by  himself  personally,  and, 
upon  delivery  of  such  package  and 
certificate  to  said  inspector  of  elec¬ 
tion,  he  shall  receipt  for  the  same  and 
such  certificate  shail  be  returned  and 
filed  in  the  office  of  the  City  Clerk 
when  the  return  of  the  number  of 
votes  cast  in  such  precinct  shall  be 
made  by  said  inspectors  of  election. 
For  the  safe  sealing  of  such  ballots  the 
City  Clerk  shall  provide  himself  with 
a  seal  of  such  design  as  he  may  deem 
proper.  The  said  package  shall  not 
be  opened  until  delivered  to  the  boards 
of  election  inspectors  of  the  respective 
voting  precincts  to  which  they  were 
directed  after  said  boards  shall  be 
fully  organized  and  ready  for  the  re¬ 
ception  of  votes  as  in  this  Title  pro¬ 
vided. 

Ballots — How  Prepared — Proof  Copy 

— Inspection,  Etc. 

Sec.  8.  All  ballots  printed  shall  be 
uniform,  except  as  to  the  number 
thereon,  and  the  names  of  all  candi¬ 
dates  printed  thereon  shall  be  in  type 
of  the  same  size  and  style.  The  forms 
shall  be  set  up  with  the  names  of  the 
candidates  for  each  office  arranged  in 
alphabetical  order  according  to  sur¬ 
names.  In  printing  each  set  of  tickets 
for  the  several  election  precincts,  the 
positions  of  the  names  shall  be 
changed  in  each  office  division  as 
many  times  as  there  are  candidates  in 
the  office  division  wffiere  there  are  the 
most  names.  As  nearly  as  possible 
an  equal  number  of  tickets  shall  be 
printed  after  the  change.  In  making 
the  changes  of  position,  the  printer 
shall  take  the  line  of  type  at  the  head 
of  each  office  division  and  place  it  at 
the  bottom  of  the  division  and  shove 
up  the  column,  so  that  the  name  that 
before  was  second  shall  be  first  af¬ 
ter  the  change,  and  so  arrange  the 
pile  of  ballots  that  every  alternate 
ballot  shall  have  the  names  in  a  dif¬ 
ferent  position.  The  proof  copy  of  all 
ballots  shall  be  open  to  inspection  at 
the  office  of  the  City  Clerk  not  less 
than  two  full  secular  days  before  such 
election,  and  it  shall  be  the  duty  of 
said  Clerk  to  correct  such  errors  as 


10 


may  be  found  therein  by  such  inspec¬ 
tion. 

Instruction  Ballots. 

Sec.  9.  At  least  five  days  before  any 
election  the  City  Clerk  shall  cause  to 
be  printed  not  less  than  five  hundred 
nor  more  than  three  thousand  instruc¬ 
tion  ballots,  upon  paper  of  different 
color  and  quality,  and  plainly  marked 
“Instruction  Ballots,”  but  otherwise 
identical  with  the  ballot  to  be  used 
at  general  elections,  and  he  shall  dis¬ 
tribute  the  same  at  his  office  to  regis¬ 
tered  voters  upon  personal  application. 

Votes — Return,  Canvass  and  Tabula¬ 
tion  of. 

Sec.  10.  Immediately  after  the  clos¬ 
ing  of  the  polls,  the  inspectors  of  elec¬ 
tion  shall  then  and  there,  without  re¬ 
moving  the  ballot  box  from  the  place 
where  the  ballots  were  cast,  publicly 
canvass  the  votes  and,  as  soon  as  com¬ 
pleted,  publicly  declare  the  result  and 
certify  and  make  return  thereof  and 
forthwith,  and  not  more  than  two 
hours  after  the  completion  of  such 
certificate  and  return,  the  same,  se¬ 
curely  enveloped  and  sealed,  shall  be 
filed  with  the  City  Clerk  by  not  less 
than  two  of  such  inspectors:  Provid¬ 
ed,  that  the  Council  shall  designate 
an  Election  Commission,  consisting  of 
two  of  its  members  and  the  City 
Clerk,  which  shall  receive  the  re¬ 
turns  thus  filed  and  tabulate  them 
forthwith. 

Return  of  Vote — Canvass  of  by  Coun¬ 
cil — Casting  Off  of  Ties. 

Sec.  11.  The  Council  shall  be  the 
Board  of  Canvassers  for  all  elections. 
On  the  first  Thursday  after  any  elec¬ 
tion  the  Council  shall  meet  at  seven 
o’clock  p.  m.  and  proceed  to  canvass 
the  returns  of  such  election  and  shall 
thereupon  declare  the  result  and  what 
persons  are  nominated  or  elected;  and 
in  case  of  a  tie  vote  for  any  office  shall 
decide  by  lot  which  of  the  persons  hav¬ 
ing  the  highest  and  equal  number  of 
votes  shall  be  nominated  for  or  elect¬ 
ed  to  such  office.  A  statement  of  such 
canvass  shall  be  made  out  and  signed 
by  the  President  of  the  Council  and 
filed  with  the  City  Clerk,  and  a  dupli¬ 
cate  thereof  shall  be  filed  with  the 
County  Clerk.  The  City  Clerk,  with¬ 
in  three  days  thereafter,  shall  make 
out  and  cause  to  be  delivered  to  each 
person  so  nominated  or  elected  a  cer¬ 
tificate  of  such  nomination  or  election, 
as  the  case  may  be. 

Council  Judge  of  Elections. 

Sec.  12.  A  certificate  of  election 
shall  be  prima  facie  evidence  of  the 
facts  therein  stated;  and  in  all  cases 
of  contested  election  for  any  office 


the  contest  shall  be  decided  by  the 
Council  as  nearly  as  may  be  accord¬ 
ing  to  the  laws  of  the  state  regulating 
proceedings  in  cases  of  contested  elec¬ 
tions  for  state  officers. 

.  The  Council  shall  have  power 
to  settle  any  question  concerning  any 
other  election  procedure  or  questions 
involved  therein,  not  specifically  cov¬ 
ered  by  this  Charter  or  by  the  pro¬ 
visions  of  the  general  election  laws 
of  the  state  to  which  it  refers. 

Non-Partisan  Primary  Election — 

Time  of. 

Sec.  13.  A  non-partisan  primary 
election  shall  be  held  in  each  ward 
annually  on  the  third  Tuesday  pre¬ 
ceding  the  first  Monday  in  April  for 
the  purpose  of  nominating  such  offi¬ 
cers  of  the  city  as  this  Charter  pro¬ 
vides. 

Nominating  Petitions — F  o  r  m  o  f — 

Time  of  Filing. 

Sec.  14.  The  name  of  no  person 
shall  be  placed  upon  the  primary  bal¬ 
lot  unless  before  five  o’clock  in  the 
afternoon  of  the  fourteenth  day  be¬ 
fore  the  primary  election  day  there 
shall  be  filed  in  his  behalf  in 
the  office  of  the  City  Clerk  a 
petition  or  petitions  signed  by  not 
less  than  2  per  cent  nor  more 
than  4  per  cent  of  the  qualified  elec¬ 
tors  of  the  election  district  in  which 
the  candidate  seeks  election,  as  shown 
by  the  total  vote  for  Mayor  at  the  last 
general  election  in  said  district:  Pro¬ 
vided,  that  these  petitions  shall  bear 
no  reference  to  any  political  party, 
and  that  the  signature  of  each  signer 
shall  include  his  street  address,  ward 
and  precinct,  and  date  of  signing  said 
petition:  Provided,  further,  that  such 
petition  must  be  in  substantially  the 
following  form: 

“We,  the  undersigned,  qualified 
electors  of  the  City  of  Grand  Rapids, 
Kent  County,  Michigan,  respectfully 
petition  and  request  that  the  name  of 

.  (an  elector  in  the  City  of 

Grand  Rapids),  residing  at . 

street,  be  placed  upon  the  ballot  to 
be  prepared  for  use  at  the  next  non¬ 
partisan  primary  election  as  a  candi¬ 
date  for  the  nomination  for . 

(name  of  office).” 

If  any  elector  shall  sign  more  than 
one  petition  for  the  same  office,  his 
signature  shall  be  void  on  all  peti¬ 
tions  for  that  office,  except  the  first 
one  signed. 

The  said  Clerk  shall  number  each 
petition  in  numerical  order  as  re¬ 
ceived,  and  shall  then  place,  or  cause 
to  be  placed,  the  name  of  such  per¬ 
son  upon  the  non-partisan  primary 
election  ballot  of  the  city  as  herein 
provided'. 


I 


11 


Primary  Ballot — Printing  and  Form 

of. 

Sec.  15.  On  the  tenth  day  before 
ahy  primary  election,  the  City  Clerk 
shall  prepare  and  proceed  to  have 
printed  one  general,  non-partisan  bal¬ 
lot,  which  shall  bear  the  names  of  the 
offices  to  be  filled  and  the  duly  quali¬ 
fied  candidates  therefor,  without  re¬ 
spect  or  reference  to  party.  Across 
the  head  of  each  ballot  shall  be  print¬ 
ed  in  plain  black  type  the  words, 
“Non-Partisan .  Primary  Election  Bal¬ 
lot.”  On  the  next  line  and  in  smaller 
type  shall  be  printed  the  w’ords,  “List 
of  Candidates  for  Nomination  to  Be 

Voted  for  in . Ward”  (naming 

the  ward  that  said  ballot  is  intended 
for),  followed  by  “City  of  Grand  Rap¬ 
ids.”  The  balance  of  the  ticket  shall 
be  made  up  in  a  single  column.  At 
the  top  shall  appear  the  words,  “To 
vote  for  a  person,  mark  ‘X’  in  the 
square  at  the  left  of  the  name  of  the 
person  for  whom  you  desire  to  vote.” 
This  sentence  shall  be  closed  in  a  rule, 
the  same  as  the  names  of  each  candi¬ 
date,  and  at  its  end  shall  be  a  square 
directly  over  the  squares  in  which 
marks  are  to  be  made.  In  that  square 
there  shall  be  a  black  cross  to  show 
the  voter  how  to  mark  the  ballot. 
Immediately  below,  and  separated  by 
a  rule,  shall  appear  the  name  of  the 
first  office  for  which  candidates  are  to 
be  voted  upon,  the  offices  to  appear  in 
the  orider  in  which  they  are  named  in 
Sec.  1,  of  Title  II,  of  this  Charter.  Fol¬ 
lowing  this  shall  come  the  names  of 
each  of  the  candidates  for  that  posi¬ 
tion,  with  a  square  to  the  extreme 
left.  Each  position,  with  the  names 
of  the  candidates  for  that  position, 
shall  be  separated  from  the  following 
one  by  a  black  face  rule  to  separate 
each  position  clearly.  In  no  manner, 
directly  or  indirectly,  shall  it  be  per¬ 
missible  to  print  or  cause  to  be  print¬ 
ed  any  reference  to  any  political  party 
or  the  insignia  or  other  mark  of  iden¬ 
tification  of  any  political  party  on  said 
ballot. 

Who  to  Be  Candidates  at  Election — 

When  Primary  is  Final  Electioii. 

Sec.  16.  The  two  candidates  receiv¬ 
ing  the  largest  number  of  votes  in 
the  non-partisan  primary  in  the  whole 
election  district  for  any  office,  shall  be 
the  candidates  whose  names  shall  ap¬ 
pear  upon  the  succeeding  general 
election  ballot  for  said  office:  .  Provid¬ 
ed,  that  if  there  be  but  one  candidate 
in  the  primary  for  a  given  office,  then 
the  primary  for  said  office  shall  be 
final  and  he  shall  be  declared  elected 
and  no  second  election  shall  be  held 
in  connection  with  said  office.  If 
there  be  more  than  one  candidate  in 
the  primary  for  a  given  office,  and  if 


any  one  candidate  receives  a  major¬ 
ity  of  all  votes  cast  for  said  office  at 
said  primary,  then  said  primary  for 
said  office  shall  be  final  and  he  shall 
be  declared  elected,  and  no  second 
election  shall  be  held  in  connection 
with 'said  office. 

Election — Time  of. 

Sec.  17.  A  general  non-partisan 
election  shall  be  held  in  each  voting 
district  annually  on  the  first  Monday 
in  April  at  such  places  as  the  Council 
shall  appoint:  Provided,  that  there 
shall  be  no  elections  in  such  years  as 
there  are  no  expiring  terms  of  office 
or  officers  to  be  elected  under  this 
Charter. 

Election  Ballot — Form  of. 

Sec.  18.  The  City  Clerk  shall  cause 
to  be  printed  on  one  ballot,  without 
respect  or  reference  to  political  party, 
the  names  of  the  two  candidates  for 
each  office  chosen  in  the  primary 
election  as  hereinbefore  provided;  and 
the  names  of  no  other  candidates  shall 
appear  upon  the  ballot.  The  only  print¬ 
ing  on  said  ballot  shall  be  the  num¬ 
ber  of  the  ballot. 'the  title  of  the  elec¬ 
tion,  the  words  “To  vote  for  a  person, 
mark  ‘X’  in  the  square  at  the  left  of 
the  name  of  the  person  for  whom  you 
desire  to  vote,”  the  name  of  the  office, 
the  names  of  the  two  qualified  candi¬ 
dates  for  each  office  and  squares  at 
the  left  in  front  of  these  names:  Pro¬ 
vided,  that  if  more  than  one  officer  is 
to  be  elected  under  any  classification 
in  any  election  district,  the  wording 
and  the  number  of  names  of  candi¬ 
dates  shall  conform  to  this  same  ratio. 

In  Filling  Vacancies,  Term  of  Office 

to  Be  Designated  on  Ballots. 

Sec.  19.  If  at  any  election  to  be  held 
in  said  City  there  shall  be  one  or 
more  vacancies  to  be  filled  in  any 
office,  and  at  the  same  time  any  per¬ 
son  is  to  be  elected  for  the  full  term 
of  said  office,  the  term  for  which  each 
person  is  to  be  voted  for  shall  be  des¬ 
ignated  on  the  ballot. 

Bonding  Proposition  Ballots — Form 

of. 

Sec.  20.  Whenever  the  question  of 
bonding  the  City  or  other  special 
question  is  proposed  to  be  voted  upon 
by  the  electors  of  the  City,  the  sub¬ 
stance  of  such  question  shall  be 
clearly  indicated  upon  the  ballot,  and 
below  the  same  upon  the  ballot  shall 
be  placed,  in  separate  lines,  the  words 
“yes”  and  “no.”  The  elector  shall 
designate  his  vote  by  a  cross  (X) 
placed  opposite  the  word  “yes”  or  the 
word  “no.” 

Who  Deemed  Elected. 

Sec.  21.  The  person  having  the 
greatest  number  of  votes  for  any  office 


12 


in  the  district  in  which  he  was  a  can¬ 
didate  shall  be  deemed  to  have  been 
duly  elected  to  such  office. 

Campaign  Expense — Sworn  Statement 

to  Be  Filed. 

Sec.  22.  Within  two  days  prior  to 
any  election  and  10  days  after  any 
election  held  under  the  provisions  of 
this  charter,  every  candidate  whose 
name  appeared  either  upon  the  pri¬ 
mary  or  general  election  ballot  as  a 
candidate  for  any  elective  office  in  the 
city  or  in  any  ward  or  district  thereof, 
shall  file  with  the  city  clerk  state¬ 
ments,  under  oath,  setting  forth  in  de¬ 
tail  all  sums  of  money,  if  any,  which 
he  has  expended  in  his  campaign,  or 
which  with  his  knowledge,  have  been 
expended  by  others  in  his  behalf;  said 
statements  shall  show  to, whom  such 
sums  were  paid,  in  what  amount,  and 
for  what  purpose;  and  also  in  what 
amount  and  by  whom  contributions 
were  made  to  him  or  to  his  knowledge 
to  any  campaign  committees  or  any 
person  working  in  his  Dehalf.  Wilful 
neglect  to  file  such  statements,  or  wil¬ 
ful  falsification  therein,  or  wilful  fail¬ 
ure  to  fully  set  forth  every  item  here 
required,  shall  be  punishable  as  here¬ 
inafter  provided. 

Campaign  Expense  Statement — Fail¬ 
ure  to  File. 

Sec.  23.  The  statements  thus  filed 
with  the  City  Clerk  shall  be  public 
records  open  at  all  times  for  the  in¬ 
spection  of  the  public.  If  any  can¬ 
didate  in  any  election  shall  have 
failed  to  file  the  statements  as  herein 
provided,  it  shall  be  the  duty  of  the 
City  Clerk  to  notify  the  Mayor  of  said 
city  forthwith,  and  it  shall  be  the  duty 
of  the  Mayor  to  make  complaint  in  a 
court  of  competent  jurisdiction. 

Campaign  Contributions  —  Pei’sons 

Disqualifiedi  From  3laking. 

Sec.  24.  No  corporation  and  no  offi¬ 
cer  of  any  corporation  interested, 
either  directly  or  indirectly,  in  any  li¬ 
cense  or  contract  or  the  purpose  there¬ 
of  then  pending  or  in  contemplation 
before  the  city,  its  Council  or  any  de¬ 
partment  thereof,  and  no  officer  or 
agent  of  any  public  service  corpora¬ 
tion  holding  franchises  in  the  said 
city,  shall,  either  directly  or  indirectly, 
contribute  any  money  or  other  valu¬ 
able  thing  to  the  campaign  fund  of  any 
candidate  for  office  at  any  primary  or 
other  election  held  under  this  Charter. 

Campaign  Literature — What  Fro- 

hibited. 

Sec.  25.  No  candidate  in  any  elec¬ 
tion  held  under  the  provisions  of  this 
Charter  shall  print  or  cause  to  be 
printed  any  literature  or  letters  of  any 
description  or  any  advertising  of  any 


nature,  which  shall  contain  a  refer¬ 
ence  to  any  political  party,  the  name 
of  which  has  appeared  on  the  election 
ballot  in  the  last  preceding  election  for 
Governor  held  in  said  city. 

Services  and  Expenses — What  Pro¬ 
hibited  and  What  Allowed. 

Sec.  26.  No  person  shall  perform 
or  agree  to  perform  any  service  in  the 
interest  of  any  candidate  for  any 
office  provided  in  this  charter  in  con¬ 
sideration  of  any  money  or  other  valu¬ 
able  thing;  but  the  bona  fide  payment 
by  any  candidate  for  office  or  other 
person,  for  the  fair  and  reasonable 
cost  of  printing,  advertising,  office 
maintenance  and  the  reasonable  and 
bona  fide  expenses  of  holding  public 
meetings  and  of  distributing  litera¬ 
ture,  shall  not  be  in  contravention  of 
this  Charter. 

Acts  to  Influence  Electors  Ih’ohibited. 

Sec.  27.  No  person,  firm  or  corpor¬ 
ation  shall  give  offer  to  give,  or 
promise  any  money  or  other  consider¬ 
ation  to  any  elector,  or  to  any  person 
for  the  use  of  any  elector,  for  the  pur¬ 
pose  of  influencing  the  vote  of  any 
elector  at  any  election  provided  for  in 
this  Charter;  or  to  or  for  any  elector 
for  the  purpose  of  securing  support  for 
any  candidate  at  such  election;  and  no 
elector  shall  receive,  accept  or  solicit 
such  money  or  other  consideration  for 
any  such  purpose. 

Pi’omise  of  Public  Office  Prohibited. 

Sec.  28.  No  person  nominated  for 
or  holding  any  office  in  the  government 
of  the  city,  and  no  person  while  seek¬ 
ing  a  nomination  for  or  appointment 
to  any  such  office,  shall  use  or  promise 
to  use,  either  directly  or  indirectly, 
any  official  authority  or  influence, 
wffiether  then  possessed  or  merely  an¬ 
ticipated,  in  the  way  of  conferring 
upon  any  person  or  in  order  to  secure 
or  aid  any  person  in  securing  any 
office  or  public  employment  in  any  po¬ 
sition  under  this  Charter,  or  any  nom¬ 
ination,  promotion,  increase  of  salary 
or  other  preferment  upon  the  consid¬ 
eration,  condition  or  understanding 
that  the  vote,  influence  or  action  of 
such  person  shall  be  given  or  used  in 
behalf  of  any  candidate,  officer  or 
party,  or  upon  any  other  consideration 
or  condition. 

Political  Activity  by  Public  Officials 

and  Employes  Prohibited. 

Sec.  29.  No  employe  or  officer  of 
the  city  shall  be  an  employe  or  officer 
of  any  partisan  campaign  committee; 
nor  shall  he  be  an  employe  or  officer 
of  any  campaign  committee  in  behalf 
of  any  candidate  for  public  office, 
other  than  himself.  Nor  shall  any  em¬ 
ploye  or  officer  of  the  city  circulate 
or  solicit  signatures  to  any  petition 


13 


mentioned  in  Sec.  14  of  this  Title,  ex¬ 
cept  his  own;  nor  shall  he  solicit  en¬ 
dorsement  for  any  candidate  for  pub¬ 
lic  office,  other  than  himself. 

No  Person  to  Do  Any  Act  Candidate 

Could  Not  Do. 

Sec.  30.  No  person  shall  do  any  act 
in  the  interest  of  any  candidate  at  any 
primary  or  election  under  this  Charter 
which  this  Title  prohibits  the  candi¬ 
date  himself  from  performing. 

Propositions  Submitted  to  Vote — Pro- 

visions  of  Title  to  Apply. 

Sec.  31.  The  provisions  of  this 
Title,  so  far  as  applicable,  shall  apply 
to  general  or  special  elections  held 
upon  any  propositions  submitted  to 
the  vote  of  the  electors. 

Penalty. 

Sec.  32.  Any  violation  of  any  sec¬ 
tion  or  part  of  this  Title  shall  be  a 
misdemeanor,  and  punishable  by  a 
fine  of  not  to  exceed  $500,  or  by  im¬ 
prisonment  in  the  County  Jail  for  not 
to  exceed  90  days,  or  by  both:  Pro¬ 
vided,  that  the  conviction  of  any  offi¬ 
cial  or  employe  of  said  city  shall,  ipso 
facto,  render  his  office  vacant  or  end 
his  employment;  or,  if  a  candidate,  it 
shall  render  him  ineligible  to  retain 
place  upon  the  ballot  at  the  election 
at  which  he  seeks  to  appear  as  a  can¬ 
didate:  Provided  funrther,  that  any 

such  vacancy  shall  be  filled  in  the 
manner  prescribed  by  ,this  Charter. 

Inspectors  of  Election. 

Sec.  33.  Inspectors  of  election,  as 
specified  in  the  preceding  sections, 
shall  be  inspectors  of  elections  held  in 
the  several  voting  precincts  of  the  city 
for  the  election  of  state,  county  and 
municipal  officers. 

V^acancy — How  Filled. 

Sec.  34.  If  from  any  cause  any  of 
the  inspectors  of  election  shall  fail  to 
attend  any  election  held  under  this 
Charter  at  the  appointed  time  or 
place,  his  or  their  places  may  be  sup¬ 
plied  for  the  time  being  by  the  electors 
present  from  among  their  number. 
The  inspectors  so  elected  shall  take 
the  oath  prescribed  for  inspectors  of 
election. 

Board  of  Registration. 

Sec.  35.  There  shall  be  a  Board  of 
Registration  for  each  voting  precinct 
in  the  city,  consisting  of  two  mem¬ 
bers,  who  shall  be  appointed  by  the 
Council  and  whose  duties  and  com¬ 
pensation  shall  be  such  as  are  now 
provided  or  as  may  hereafter  be  pro¬ 
vided  by  the  statutes  of  the  state  gov¬ 
erning  such  boards  in  cities,  or  as  the 
Council  may  by  ordinance  provide. 
Each  member  of  such  Board  of  Reg¬ 
istration  before  entering  upon  the  du¬ 


ties  of  the  office,  shall  take  and  sub¬ 
scribe  the  constitutional  oath  of  office. 

Except  at  the  time  of  general  regis¬ 
tration  such  board  shall  not  be  in  ses¬ 
sion  to  exceed  one  ,day. 

Registration. 

Sec.  36.  There  shall  be  a  general 
registration  of  the  electors  in  the  year 
1912,  in  time  for  the  general  fall  elec¬ 
tion  of  that  year.  There  shall  also  be 
a  general  registration  of  the  electors 
every  fourth  year  thereafter  and  at 
such  other  times  as  the  Council  may 
designate.  The  registration  shall  be 
conducted  according  to  the  general 
registration  laws  of  the  state  in  force 
at  the  time. 


TITLE  IV. 

DEGISDATIVE  DEPARTMENT — 
COUNCIL. 

LfCgislative  Power — How  Vested. 

Sec.  1.  The  Legislative  power  of 
the  city  is  vested  in  a  Council  which 
is  authorized  to  pass  all  laws  and  or¬ 
dinances  relating  to  its  municipal 
concerns,  subject  to  the  Constitution 
and  General  Laws  of  the  State  and 
this  Charter,  the  purpose  of  this  pro¬ 
vision  being  to  vest  in  the  Council, 
subject  to  the  limitations  of  this  Char¬ 
ter,  all  legislative  authority  permitted 
to  be  exercised  by  the  city  and  not  ex¬ 
pressly  required  to  be  contained  in 
the  Charter. 

Certain  Other  Express  Powers  of 

Council. 

Sec.  2.  Without  intending  to  limit 
or  curtail  the  power  in  this  Charter 
otherwise  vested  in  the  Council,  it  is 
hereby  expressly  vested  with  the  fol¬ 
lowing  powers: 

(a)  To  pass  all  ordinances  and 
regulations  of  every  character  to  se¬ 
cure  the  health,  safety,  welfare  and 
convenience  of  the  city  and  its  in¬ 
habitants. 

(b)  To  pass  all  ordinances  and  reg¬ 
ulations  of  every  character  to  ad¬ 
vance  the  interest  of  the  city  and  the 
good  government  and  prosperity  of 
the  municipality  and  its  inhabitants. 

(c)  To  provide  for  the  licensing 
and  regulation  of  trades,  occupations, 
businesses  and  amusements,  within  the 
city. 

(d)  To  provide  for  the  punishment 
of  those  who  violate  its  laws  or  ordi¬ 
nances,  but  no  punishment  shall  ex¬ 
ceed  a  fine  of  $500,  or  imprisonment 
for  90  days  in  the  county  jail  or  house 
of  correction,  or  in  any  work  house 
authorized  by  law  to  receive  prisoners 
from  such  city,  or  both  such  fine  and 
imprisonment,  in  the  discretion  of  the 
court. 

Council — How  Constituted  and 

Chosen. 

Sec.  3.  The  Council  shall  consist  of 


14 


twelve  Councilmen.  There  shall  be 
elected  from  each  ward  of  the  city, 
once  in  two  years,  one  Councilman, 
who  shall  be  an  elector  of  such  ward, 
and  who  shall  hold  office  for  two 
years  from  the  first  day  of  May  in  the 
year  in  which  elected  and  until  his 
successor  is  elected  and  qualified. 

Salary. 

Sec.  4.  The  salary  of  a  Councilman 
shall  be  $750  per  year,  payable  in 
equal  monthly  installments. 

Council — How  Organized — Rules  of 

Pro<;edure — Judge  of  Qualification 

and  Klection  of  3Iembers — Expul¬ 
sion  of  31  e  ni  b  e  r  s — Exempt  as 

Jurors. 

Sec.  5.  The  Council  shall  annually 
organize  by  the  election  of  one  of  its 
members  as  President,  who  shall  pre¬ 
side  at  all  meetings  and  exercise  such 
other  functions  as  provided  in  this 
Charter  and,  except  as  otherwise 
provided,  the  Council  shall  choose  its 
own  officers,  including  a  temporary 
President  of  the  Council,  fill  all  va¬ 
cancies  in  its  own  membership  to  con¬ 
tinue  until  the  next  municipal  elec¬ 
tion,  and  determine  the  rules  of  its 
procedure.  It  shall  be  the  judge  of  the 
qualifications,  elections  and  returns  of 
its  members,  and  may,  with  the  con¬ 
currence  of  three-fourths  of  all  the 
members  elected,  expel  a  member.  The 
reasons  for  such  expulsion  shall  be 
entered  upon  the  journal  with  the  yea 
and  nay  vote  thereon.  No  member 
shall  be  expelled  the  second  time  for 
the  same  cause.  The  members  shall 
be  exempt  from  sitting  as  jurors. 

Council — 3Ieeting.s  of — Quorum. 

Sec.  6.  The  Council  shall  meet  at 
the  City  Hall  on  the  first  and  third 
Mondays  in  each  month,  and  at  such 
other  times  as  it  shall  from  time  to 
time  appoint.  Special  meetings  may 
be  called  whenever  the  Mayor,  Presi¬ 
dent  of  the  Council,  or  one-third  of  its 
members,  shall  appoint,  by  such  notice 
as  the  Council  may  by  rule  prescribe. 
All  sessions  of  the  Council  shall  be 
public.  A  majority  of  the  Council  shall 
be  a  quorum  for  the  transaction  of 
business. 

CMcrk  of  Council — Journal — Yea  and 

Xay  Vote. 

Sec.  7.  The  City  Clerk  shall  be 
C'lerk  of  the  Council,  and  shall  keep 
in  the  Phiglish  language  a  written  or 
printed  journal  of  its  proceedings  at 
all  sessions,  which  shall  be  a  public 
record  and  which  shall  be  published  in 
pamphlet  form  and  furnished  free  to 
all  ])ersons  applying  therefor.  The 
yeas  and  nays  of  the  members  on  any 
vote  or  question  shall  be  entered  on 
the  journal  on  request  of  one  member. 
All  votes  on  the  confirmation  of  ap¬ 


pointments,  upon  every  franchise  and 
upon  every  amendment  and  section 
thereof,  shall  be  taken  by  yeas  and 
nays  and  published  in  the  journal. 

Ordinances — How  Originated — Style  of 

Sec.  8.  All  legislation  shall  be  by 
ordinance  and  may  originate  either  in 
the  Council  or  through  an  initiative 
petition  in  the  manner  in  this  Charter 
provided.  The  style  of  all  ordinances 
shall  be:  “The  People  of  the  City  of 
Grand  Rapids  do  Ordain.” 

Ordinances — How  Adopted — Yea  and 

Xay  Vote. 

Sec.  9.  No  ordinance  shall  become 
a  law  without  the  concurrence  of  a 
majority  of  the  entire  Council  elected. 
On  the  final  passage  a  yea  and  nay 
vote  shall  oe  taken  and  entered  on  the 
journal. 

Ordinances — V  eto  by  31a y or. 

Sec.  10.  Every  proposed  ordinance 
passed  by  the  Council  shall  be  pre¬ 
sented  to  the  Mayor  before  it  becomes 
a  law.  If  he  approve  he  shall  sign  it, 
if  not,  he  shall  return  it  with  his  ob¬ 
jections  to  the  Council,  which  shall  en¬ 
ter  the  objections  at  large  on  its  jour¬ 
nal  and  reconsider  it.  If  passed  by  the 
affirmative  vote  of  two-thirds  of  the 
Councilmen  elected,  within  thirty  days 
after  the  filing  of  the  reasons  for  such 
disapproval,  it  shall  become  a  law. 
The  votes  thereon  shall  be  by 
yea  and  nay,  and  entered  on  the 
journal.  If  any  proposed  ordinance  be 
not  returned  by  the  3Iayor  within  ten 
days  after  it  has  been  presented  to  him 
the  same  shall  become  a  law  in  like 
manner  as  if  he  had  signed  it.  When 
an  ordinance  appropriating  money 
contains  several  items  the  Mayor  may 
approve  the  provisions  relating  to  one 
or  more  items  and  disapprove  the 
others.  In  such  cases  those  items 
which  he  shall  approve  shall  become 
operative  and  those  which  he  shall  not 
approve  shall  be  reconsidered  by  the 
Council  and  shall  become  operative 
only  if  again  passed  by  it  as  above  pro¬ 
vided. 

W')to,  3Iotion  or  Hcsohition — Veto  I>y 

3£ayor. 

Sec.  11.  No  final  vote,  motion  or 
resolution  taken  or  passed  by  the 
Council  except  upon  confirmation  of 
appointments,  shall  become  effective  if 
within  twenty-four  hours  after  its 
passage  the  3Iayor  shall  file  in  the  of¬ 
fice  of  the  City  Clerk  his  reasons,  in 
writing,  why  the  same  should  not  go 
into  effect  and  in  such  case  the  same 
shall  not  go  into  effect  or  have  any 
legal  operation,  unless  it  shall,  within 
thirty  days  after  the  filing  of  such  rea¬ 
sons  for  disapproval,  be  passed  by  the 
affirmative  vote  of  two-thirds  of  the 
Councilmen  elected. 


15 


Oidinaiice  to  Embrace  One  Subject  to 

be  Exi3ressed  in  Title. 

Sec.  12.  No  ordinance  shall  embrace 
more  than  one  subject,  which  shall  be 
expressed  in  its  Title,  and  no  ordinance 
shall  be  revised  or  amended  by  refer¬ 
ence  to  its  Title  only. 

Ordinances — When  to  Take  Effect. 

Sec-.  13.  No  ordinance  shall  be  in 
force  until  the  expiration  of  thirty 
days  from  its  approval  by  the  Mayor, 
or  from  the  date  of  its  passage  over 
his  veto,  or  from  the  date  of  its  other 
final  adoption,  except  that  earlier  ef¬ 
fect  may  be  given  to  appropriation 
measures,  to  measures  mentioned  in 
Sec.  20  of  this  Title,  and  to  acts  imme¬ 
diately  necessary  for  the  preservation 
of  the  public  health,  peace  or  safety 
by  a  two-thirds  vote  of  the  Councilmen 
elected  with  the  approval  of  the 
Mayor. 

Ordinances — Publication,  Etc. 

Sec.  14.  All  ordinances  shall  be 
published  twice  in  the  official  paper  at 
least  two  weeks  before  becoming  op¬ 
erative  and  not  less  than  one  week  to 
intervene  between  such  publications, 
except  that  ordinances  given  effect 
within  thirty  days  shall  be  published 
once,  as  long  a  period  as  possible, 
and  af  least  one  day,  before  becoming 
operative. 

Ordinances — When  to  be  Passed. 

Sec.  15.  No  proposed  ordinance,  ex¬ 
cept  acts  immediately  necessary  for 
the  preservation  of  the  public  health, 
peace,  or  safety,  shall  be  passed  at  the 
session  at  which  first  presented,  nor 
before  the  substance  thereof  shall 
have  been  published  In  the  official  pa¬ 
per. 

Referendum  by  Council. 

Sec.  16.  Any  proposed  ordinance 
passed  by  the  Council  may  be  referred 
by  the  Council  to  the  qualified  elec¬ 
tors;  and  in  such  case  shall  become  a 
law  only  when  approved  by  a  major¬ 
ity  of  the  electors  voting  thereon. 

^)aths — By  Whom  Administered. 

Sec.  17.  The  President  or  Clerk  of 
the  Council  and  the  Chairman  of  any 
General  or  Special  Committee  of  the 
Council  shall  have  power  to  administer 
oaihs  to  persons  testifying  in  respect 
to  any  matter  pending  liefore  the 
Council  or  any  such  Committee  and  to 
persons  su])scribing  affidavits  in  re¬ 
spect  to  any  such  matter. 

False  Swearing — How  Punished. 

Sec.  18.  Any  pei’son  taking  any 
such  oath  who  shall  in  any  statement 
or  affidavit  or  otherwise  wilfully  swear 
falsely  as  to  any  material  fact  shall 
be  punished  as  by  ordinance  pre¬ 
scribed. 


Re-  assessment. 

Sec.  19.  In  the  event  of  the  failure 
of  any  tax  or  special  assessment 
through  defective  procedure  of  assess¬ 
ment,  collection  or  sale,  the  Council 
may  provide  for  its  re-assessment  upon 
the  property  chargeable-  therewith  in 
the  first  instance. 

Powers  of  Council  to  Eevy  and  Collect. 

Sec.  2  0.  The  Council  may  provide 
for  the  levying  and  collecting  of  spe¬ 
cific  taxes,  tolls,  excises  and  license 
fees:  Provided,  that  the  same  shall  be 
uniform  upon  the  classes  upon  which 
they  operate.  The  Council  may  also 
provide  for  the  collection  of  rents. 

Taxing  Ordinance  to  State  Object. 

Sec.  21.  Every  taxing  ordinance 
shall  state  the  tax  and  the  object  to 
which  it  is  to  be  applied. 

Annual  Budget  and  Annual  Tax  — 
Council  to  Provide  for  by  Ordinance 
— Limitation. 

Sec.  22.  On  or  before  the  third 
Monday  in  May  in  each  year,  the 
Council  shall  provide  by  ordinance  for 
a  budget  and  a  tax  sufficient,  with 
other  resources,  to  pay  the  estimated 
expenses  of  the  city  government  for 
the  ensuing  year,  the  maintenance  of 
all  sinking  funds  and  the  interest  on 
all  municipal  debts:  Provided,  that 
the  amount  of  tax  levied  and  collected 
in  each  year,  not  including  school 
taxes,  interest  and  principal  of  bonded 
indebtedness,  and  special  improve¬ 
ments,  shall  not  exceed  one  per  cent 
of  the  assessed  value  of  all  real  and 
personal  property  in  the  city  appearing 
upon  the  last  previous  assessment  roll. 

No  Money  to  be  Paid  Except  as  Ap¬ 
propriated. 

Sec.  2  3.  No  money  shall  be  paid  out 
of  the  City  Treasury  except  in  pursu¬ 
ance  of  appropriations  made  by  law. 

Private  Enterprise — C  ity  Not  to  be  In¬ 
terested  In. 

Sec.  24.  The  credit  of  the  city  shall 
not  be  granted  to  nor  in  aid  of  any 
person,  association,  public  or  priv'ate 
corporation,  nor  shall  the  city  sub¬ 
scribe  to  or  be  financially  interested  in 
any  company,  corporation  or  associa¬ 
tion,  except  where  the  same  is  by  this 
Charter  or  the  general  laws  or  by  any 
existing  special  act  made  one  of  its 
municipal  departments. 

Rescission  of  Contracts. 

Sec.  2  5.  The  Council  shall  not  re¬ 
scind  or  alter  any  conti-act  with  the 
City,  except  franchise  grants,  nor  re¬ 
lease  the  principals  or  sureties  from 
the  perforu:iance  of  any  of  the  obliga¬ 
tions  thereof,  without  the  consent,  of 
the  Administrative  Hoard. 


1« 


Mt'inbers  of  Council  Ineligible  to  City 

Ollic  e — Xot  to  be  Interested  in  City 

Contracts. 

Sec.  2  6.  Xo  person  elected  a  mem¬ 
ber  of  the  Council  shall  receive  any 
civil  appointment  within  the  city  from 
any  municipal  authority  during  the 
term  for  which  elected,  but  members 
of  the  Council  may  serve  as  inspectors 
of  registrations  and  elections.  No 
member  of  the  Council  shall  be  inter¬ 
ested  directly  or  indirectly  in  any  con¬ 
tract  with  the  city  authorized  by,  or 
the  subject  of  legislation  in,  any  ordi¬ 
nance  passed  during  the  time  for 
which  he  is  elected,  nor  for  one  year 
thereafter. 

Certain  Officers  Ineligible  to  Council, 

Sec.  27.  No  person  holding  any 
office  under  the  city  or  county  govern¬ 
ment  shall  be  eligible  to,  or  have  a 
seat  in  the  Council,  and  all  votes  given 
for  any  such  person  shall  be  void. 

Officers  and  Employes — Removal  of 

by  Council. 

Sec.  28.  Any  officer  or  employe  of 
the  city,  except  the  Mayor,  Judges, 
Justices  of  the  Peace,  members  of  the 
Admmistrativ^e  Board  or  employes  un¬ 
der  civil  service,  or  those  whose  re¬ 
moval  is  otherwise  provided  for  in  this 
Charter  may  be  removed  by  the  Coun¬ 
cil  -for  official  misconduct  or  for  un¬ 
faithful  or  improper  performance  of 
the  duties  of  his  office  or  employment 
or  for  ineligibility.  The  proceedings 
for  such  removal  shall  be  entered  in 
the  record  of  the  Council.  A  copy  of 
the  charges  against  such  officer  or  em¬ 
ploye  sought  to  be  removed  ami  notice 
of  the  time  and  place  of  hearing  the 
same,  shall  be  served  on  him  at  least 
ten  days  previous  to  the  date  as- 
aigned  for  hearing.  If  personal  ser- 
'.nce  cannot  be  had  the  same  shall 
be  left  at  his  last  place  of  resi¬ 
dence  within  the  city,  with  some 
/mitab’e  person  of  proper  age,  or  other 
substituted  service  may  be  had.  Op- 
poi-^.unity  shall  be  given  him  to  make 
his  defense  thereto.  An  affirmative 
vote  of  three-fourths  of  all  the  Coun- 
cilmen  elected  shall  be  nocessary  to  re- 
mo^•e  such  officer  or  employe. 

Board  of  Supervisor.s — Representation 

o'  City  Upon. 

Sec.  29.  The  several  Councilmen, 
the  Mayor,  and  the  members  of  the 
Board  of  Assessors  shall  be  representa¬ 
tives  of  the  city  upon  the  Board  of 
Supervisors  and  the  Council  shall  in 
addi'Vn  thereto  annually,  and  before 
the  first  day  of  June,  designate  other 
electors  of  the  city,  who  may  be  city 
officials  or  employes,  sufficient  in  num¬ 
ber  to  complete  the  full  representation 
of  the  city  upon  the  Board,  who  shall 


likewise  be  representatives  of  the  city 
thereon. 

Super  \isors — Councilmen  to  Perforin 

Unties  of. 

Sec.  30.  The  Councilmen  shall  pos¬ 
sess  all  the  powers  and  be  subject  to 
all  the  duties  of  individual  Supervisors 
under  the  general  laws  not  inconsistent 
with  this  Charter  and  not  delegated  to 
other  officers:  Provided,  that  so  long 
as  the  city  has  twenty-four  Council- 
men,  these  powers  shall  be  exercised 
only  by  the  senior  Councilmen. 

Borrowing  of  3Ioney  by  Council. 

Sec.  31.  Except  as  herein  otherwise 
provided,  it  shall  not  be  lawful  for  the 
Council  to  borrow  money  or  authorize 
the  creation  of  any  liability  or  indebt¬ 
edness  against  the  city  in  any  one  year 
exceeding  in  the  aggregate  the  amount 
which,  by  this  Charter  and  the  laws 
of  the  State,  may  be  raised  by  tax  for 
such  year.  In  case  any  sum  or  sums 
of  money  are  borrowed  by  the  Council 
in  any  one  year,  or  any  officer  thereof 
shall  enter  into  any  contract  or  con¬ 
tracts  binding  upon  said  city  for  the 
payment  of  moneys,  the  same  shall  be 
paid  out  of  the  sums  raised  by  tax  for 
such  year,  if  the  payment  thereof  is 
not  otherwise  provided.  All  sums  of 
money  borrowed  by  said  city,  shall  be 
applied  to  the  purpose  for  which  the 
same  was  borrowed,  and  for  no  other 
purpose  whatsoever.  Nothing  in  this 
Charter  contained  shall  be  construed 
to  ])rohibit  the  Council  from  making 
assessments  and  levying  and  collecting 
taxes  for  the  purpose  of  special  im¬ 
provements. 

Council  to  Advertise  for  Proposals  for 

Depositai*y. 

Sec.  32.  The  Council  shall  within 
the  thirty  days  before  the  termination 
of  any  existing  contract,  advertise  in 
two  of  the  newspapers  of  the  city  for 
a  period  of  at  least  one  week  after  the 
first  insertion  of  such  advertisement, 
for  sealed  proposals  for  the  highest 
rate  of  interest  obtainable  on  daily 
balances  of  money  belonging  to  the 
city,  or  the  Board  of  Education,  or  in 
their  custody,  and  the  lowest  rate  of 
interest  to  be  paid  by  the  city  for 
such  temporary  loans  as  it  shall  de¬ 
sire  to  make. 

Contracts  with  Banks  as  City  Depos¬ 
itaries. 

Sec.  33.  The  Council  shall  contract 
with  any  safe  and  secure  banking  in¬ 
stitution  or  institutions,  and  make 
rules  and  regulations  in  regard  to  the 
depositing  of  money  therein,  for  a  pe¬ 
riod  of  not  to  exceed  three  years,  as  a 
depositary  or  depositaries  for  the  safe 
keeping  of  the  public  moneys  belong¬ 
ing  to  or  in  the  custody  of  the  city,  or 
any  of  its  departments,  including  the 


17 


Board  of  Education,  and  for  the  pay¬ 
ment  of  interest,  at  a  rate  not  exceed¬ 
ing  that  established  by  law,  upon 
such  moneys  so  deposited  with  such 
banking  institution  or  institutions,  to 
be  drawn  from  the  current  account  by 
the  city  through  its  proper  officer  or 
officers,  which  said  interest  shall  be¬ 
long  to  the  city,  or  to  the  Board  of 
Education,  as  the  case  may  be.  Every 
such  contract  shall  contain  an  agree- 

•  ment  on  the  part  of  such  banking  in¬ 
stitution  permitting  the  Council  to 
terminate  such  contract  and  to  with¬ 
draw  all  moneys  deposited  with  such 
institution  or  institutions  whenever  it 

•  shall  deem  that  the  interests  of  the 
city  require  it,  and  in  such  case  the 
books  required  to  be  kept  by  such  de¬ 
positary  shall  be  by  it  delivered  into 
the  custody  of  the  City  Clerk.  The 
Council  shall  require  such  depositary 
or  depositaries  to  give  suitable  bonds 
in  such  penalty  as  it  shall  determine, 
and  with  such  sureties  as  it  shall  ap¬ 
prove,  before  any  transfer  of  any  such 
moneys  as  aforesaid  can  be  made  to 
such  depositary  or  depositaries. 

Books  to  Be  Kept  by  City  Depositaries. 

Sec.  34.  The  depositary  or  deposi¬ 
taries  so  designated  by  the  Council 
shall  keep  an  accurate  account  in  a 
set  of  books  of  all  moneys  belonging 
to  or  in  the  custody  of  said  city  de¬ 
posited  with  such  depositary  or  de¬ 
positaries,  such  books  to  be  provided 
by  and  belong  to  said  city,  and  to  con¬ 
stitute  a  part  of  the  public  records  of 
said  city.  Such  books  shall  at  all 
times,  during  business  hours,  be  sub¬ 
ject  to  inspection  by  any  member  of 
the  Council,  Board  of  Education,  the 
Comptroller,  Treasurer,  Mayor  and 
City  Attorney.  They  shall  be  deliv¬ 
ered  by  the  outgoing  depositary  or 
depositaries  to  those  succeeding  to  the 
trust.  Such  depositary  or  depositaries 
shall  report  in  writing  monthly  to  the 
Council  the  amount  of  moneys  belong¬ 
ing  to  said  city  then  on  deposit  with 
such  depositary  or  depositaries,  and 
the  interest  earned  thereon. 

Additional  Bonds  from  Treasurer  and 

City  Depositarle® 

•  Sec.  3  5.  The  Council  is  hereby  au¬ 
thorized  to  require  new  or  additional 
bonds  or  security  from  the  City  Treas¬ 
urer  and  from  the  depositaries  of 
money  belonging  to,  or  in  the  custody 
the  city,  and  deposited  in  such  de¬ 
positaries,  at  any  time  or  times  when 
it  shall  deem  the  interests  of  the  city 
require. 


TITTjE  V. 

ADMINISTRATIVE  DEPARTMENT. 
Administrative  Board — Power  to  Ex¬ 
ecute  Ordinances. 

Sec.  1.  The  power  and  duty  to  exe¬ 


cute  all  ordinances  is  hereby  vested  in 
the  Administrative  Board  and  its  sev¬ 
eral  departments. 

Executive  and  Administrative  Author¬ 
ity — In  Whom  Vested. 

Sec.  2.  The  executive  and  adminis¬ 
trative  functions,  powers  and  author¬ 
ity  of  the  city,  unless  otherwise  pro¬ 
vided  in  this  Charter  or  in  the  general 
laws  of  the  state,  shall  be  vested  in, 
and  in  the  manner  herein  provided, 
exercised  by,  the  Mayor,  City  Attorney, 
Comptroller,  City  Clerk  and  the  Gen¬ 
eral  Managers  of  four  departments,  as 
follows: 

Department  of  Public  Works. 
Department  of  Health  and  Safety. 
Department  of  Parks  and  Public 
Property. 

Department  of  Finance  and  Rev¬ 
enue. 

Administrative  Board — Who  Con¬ 
stitute. 

Sec.  3.  The  Mayor,  together  with 
the  General  Managers  of  the  four  de¬ 
partments  above  named,  shall  consti¬ 
tute  an  Administrative  Board,  which 
shall  have  and  exercise  general  su¬ 
pervision  over  the  administrative 
functions,  powers  and  authority  of  the 
city.  The  Mayor  shall  preside  over 
such  Board,  shall  be  entitled  to  vote 
and  shall  have  veto  powers  over  any 
action  of  the  Board  in  the  manner 
herein  provided.  The  City  Clerk  shall 
act  as  Clerk  of  such  Board,  and  keep 
the  records  thereof. 

Administrative  Board  Shall  Receive 
and  Consider  Petitions  and  Com¬ 
plaints. 

Sec.  4.  The  Administrative  Board 
shall  adopt  rules  for  its  proceedings 
and  shall  meet  daily  at  an  appointed 
hour  and  place,  for  the  transaction  of 
its  business,  and  to  receive,  hear  and 
consider  the  petitions  or  complaints  of 
any  citizen  or  citizens,  or  other  persons, 
or  organizations,  pertinent  to  the  ad¬ 
ministrative  affair.=!  of  the  city,  ex¬ 
cept  the  enforcement  of  franchise 
grants  and  take  such  action  thereon  as 
it  may  deem  advisable,  and  make  a 
record  thereof.  All  meetings  and  rec¬ 
ords  of  the  Board  shall  be  public.  A 
yea  and  nay  vote  of  the  members  of 
the  Board  shall  be  taken  and  record¬ 
ed  in  the  minutes  upon  all  questions. 
Administrative  Board — Powers  and 
Duties  of. 

Sec.  5.  The  Administrative  Board 
shall  have  power  as  a  Board: 

(a)  To  superintendent,  direct  and 
control  the  administration  of  the  busi¬ 
ness  of  the  city,  delegated  to  it  and 
its  several  departments.  It  shall  pass 
upon  all  contracts  to  which  the  city 
shall  be  a  party  except  franchise 
grants.  Its  members  may  attend  all 


18 


meetings  of  the  Council  and  shall  have 
the  right  to  be  heard  upon  any  matter 
concerning  such  member’s  department, 
but  shall  have  no  power  to  vote  there¬ 
in;  said  Board  shall  prepare  and  rec¬ 
ommend  a  budget  to  the  Council  and 
shall  not  exceed  in  its  expenditures  the 
appropriations  provided  by  the  Coun¬ 
cil,  nor  expend  any  money  for  any 
purpose  other  th^n  that  for  w'hich  ap¬ 
propriated. 

(b)  It  shall  possess  and  exercise  all 
other  powers  and  perform  all  other 
duties  granted  to  or  imposed  upon  it 
by  this  Charter  or  by  the  Council.  It 
shall  determine  and  assign  the  duties 
of  the  several  departments  and  may 
change  or  reassign  them  from  time  to 
time,  subject  to  the  limitations  of  this 
Charter:  it  may  create,  subject  to  the 
approval  of  the  Council,  such  sub-de¬ 
partments  as  it  may  deem  wise  but 
shall  not  discontinue  any  sub-depart¬ 
ment  provided  for  in  thi.s  charter;  it 
shall  annually,  in  connection  with  the 
adoption  of  the  budget  fix  the  salary 
of  the  sub-heads  of  departments,  sub¬ 
ject  to  the  approval  of  the  Council, 
and  shall  fix  the  compensation  of  other 
employes  not  fixed  by  the  provisions 
of  this  Charter;  and  shall  prescribe  the 
duties  of  the  officers  and  employes  of 
any  department;  it  may  assign,  with¬ 
out  change  of  salary  and  in  accord¬ 
ance  with  the  rules  prescribed  by  the 
Civil  Service  Commission,  particular 
officers  or  emploj’es  to  one  or  more  of 
the  departments  of  the  city,  and  shall 
make  such  other  rules  and  regulations, 
including  its  own  rules  of  procedure, 
as  may  be  deemed  necessary  or  proper 
for  the  efficient  and  economical  con¬ 
duct  of  the  business  of  the  city  sub¬ 
ject  to  the  limitations  of  this  Charter. 

(c)  The  Administrative  Board  shall 
prescribe  the  method  by  which  all 
contracts  for  the  city  in  relation  to 
public  works  or  improvements  and  the 
purchase  of  supplies  and  materials  in 
its  several  departments  shall  be  en¬ 
tered  into.  All  purchases  over  $25.00 
shall  be  made  upon  specifications  on 
which  sealed  bids  shall  be  received, 
except  that  the  Administrative  Board 
may  authorize  purchases  without  com¬ 
petitive  bids  in  emergency  cases,  and 
the  facts  claimed  to  create  such  emer¬ 
gency  shall  be  made  a  matter  of 
record. 

All  contracts  involving  the  expendi¬ 
ture  of  .$500.00  or  over  shall  be  made 
upon  plans  and  specifications  adopted 
by  the  Board  and  shall  be  advertised 
at  least  one  week  in  two  newspapers 
of  the  city  for  proposals  to  execute 
such  contracts.  Said  Board  shall  re¬ 
quire  security  for  the  performance  of 
proposals  tendered  and  security  for  the 
performance  of  any  contract  entered 
into.  Said  Foard  shall  let  the  con¬ 
tract  to  the  lowest  responsible  bidder, 


or  may  reject  all  bids  made.  All  re¬ 
quests  for  bids  shall  state  the  time 
and  place  at  which  said  bids  are  to 
be  opened  and  all  bids  received  shall 
be  opened  at  one  time  and  considered 
together  at  a  specified  meeting  of  the 
Board.  In  all  cases  where  any  ma¬ 
terial,  machinery,  process  or  thing, 
either  in  process,  production  or  supply 
is  controlled  by  one  person  or  com¬ 
pany  or  is  in  any  sense  a  monopoly, 
no  bids  shall  be  invited  or  received 
nor  contracts  for  or  purchases  thereof 
be  made  by  or  on  behalf  of  the  city  or 
any  department  thereof  including  the 
Board  of  Education,  except  it  be  sep¬ 
arate  by  itself  and  not  included  with 
any  other  matter  or  thing. 

Xo  officer  or  employe  of  the  city, 
elected  or  appointed,  including  mem¬ 
bers  of  the  Board  of  Education,  shall 
be  interested  directly  or  indirectly  in 
any  contract  with  the  city  unless  such 
contract  shall  be  approved  by  the 
unanimous  vote  of  the  Administrative 
Board  and  a  two-thirds  vote  of  the 
Council. 

Nothing  in  this  section  or  in  any 
ordinance  shall  limit  the  authority  of 
the  Administrative  Board  to  employ 
day  labor  to  carry  on  or  perform  any 
work  entrusted  to  it. 

(d)  Nothing  in  this  Charter  con¬ 
tained  shall  authorize  the  Adminis¬ 
trative  Board  or  the  Council  to  create 
any  new  or  different  general  depart¬ 
ments. 

(e)  The  Administrative  Board 
shall  have  and  nossess  all  the  author¬ 
ity  and  perform  all  the  duties  that 
are  conferred  or  imposed  upon  the 
Boards  of  Health  in  townships  by  the 
general  laws  of  this  state  and  the  exe¬ 
cution  of  such  authority  and  duties 
may  be  delegated  to  and  performed  by 
the  General  ^Manager  of  Health  and 
Safety  in  accordance  with  the  pro¬ 
visions  of  this  Charter. 

(f)  The  Administrative  Board  shall 
be  vested  with,  and  possess  the  powers 
conferred  upon  Boards  of  Building  In¬ 
spectors  under  the  general  law  of  the 
state. 

Powers  and  Duties  Assumed — 

Whom  Exercised. 

Sec.  6.  All  administrative  or  ex¬ 
ecutive  power  and  authority,  per¬ 
mitted  to  be  exercised  by  the  city, 
whether  required  to  be  expressly  as¬ 
sumed  and  detailed  in  the  Charter  or 
otherwise,  are  hereby  assumed  by  the 
city.  Except  as  herein  otherwise  pro¬ 
vided.  such  power  and  authority  shall 
be  exercised  by  the  Administrative 
Board  or  other  administrative  officers 
of  the  city  in  the  form  and  manner 
from  time  to  time  prescribed  by  or¬ 
dinance. 

Mayor — Powers  and  Duties — Salary. 

Sec.  7.  (a)  The  Mayor  shall  be 


19 


the  chief  executive  of  the  city.  He 
shall,  together  with  the  General  Man¬ 
ager  of  Health  and  Safety,  take  all 
proper  measures  for  the  maintenance 
of  public  order  and  public  health  and 
safety,  the  suppression  of  riots  and 
tumults  and,  in  case  said  General  Man¬ 
ager  of  Health  and  Safety  shall  fail 
to  perform  his  duty,  may  command 
the  police  force  to  that  end. 

(b)  He  shall  be  charged  with  the 
general  oversight  and  be  responsible 
for  the  proper  conduct  of  all  the  de¬ 
partments  of  the  executive  and  ad¬ 
ministrative  branch  of  the  city  gov¬ 
ernment. 

(c)  He  shall  have  the  general  su¬ 
pervision,  management  and  control, 
subject  to  the  other  provisions  of  this 
Charter,  of  the  relations  of  the  city  to 
the  county,  state  and  federal  govern¬ 
ments.  of  all  matters  pertaining  to  the 
publicity  of  the  city’s  affairs  and  of 
the  exhibition  of  its  products. 

For  the  purpose  of  carrying  into  ef¬ 
fect  any  of  his  duties  in  this  para¬ 
graph  specified,  the  Mayor  may  ap¬ 
point  a  non-salaried  commission  or 
commissions  of  such  size  and  charac¬ 
ter  as  he  may  deem  advisable. 

(d)  He  shall,  after  approval  by  the 
Administrative  Board  and  after  the 
City  Attorney  shall  have  approved  as 
to  form,  validiH’  and  manner  of  exe¬ 
cution,  sign  all  deeds,  contracts,  bonds 
or  other  instruments  requiring  the 
assent  of  the  city,  and  cause  the  same 
to  be  attested  by  the  City  Clerk,  and 
the  seal  of  the  city  attached,  and  to 
be  countersigned  by  the  General  Man¬ 
ager  of  the  department  having  super-^ 
vision  over  the  subject  matter  of  the 
contract  and  shall  take  care  that  the 
same  are  duly  performed. 

(e)  He  shall  take  care  that  the 
laws  of  the  state,  this  Charter  and  the 
ordinances  of  the  city  are  faithfully 
executed  within  the  city  and  its  juris¬ 
diction,  and  in  the  execution  of  this 
duty  he  may  command  and  call  upon 
any  officer  or  employe  of  the  city. 

ff)  He  may  attend  and  shall  have 
the  right  to  be  heard  at  all  meetings 

the  Council,  and  shall  annually,  and 
at  such  other  t'mes  as  may  be  fixed 
by  the  Council,  submit  in  writing  a 
report  of  the  condition  of  the  affairs 
of  the  city  and  his  recommendations 
**especting  the  same. 

•  (g)  He  may  require  any  officer  or 

employe  of  the  city  to  exhibit  the 
books  and  papers  of  such  officer  or 
employe,  and  may  take  forcible  pos¬ 
session  thereof,  and  may  require  him 
to  .submit  to  an  examination  thereof 
*».nd  of  all  other  affairs  of  his  depart¬ 
ment.  Upon  failure  to  comply  with 
such  requirements  such  officer  or  em¬ 
ploye  may  be  suspended  by  the  Mayor 
for  a  period  not  exceeding  thirty  days 
and  such  failure  shall  be  ground  for 


removal  by  the  proper  authority  in  its 
discretion. 

(h)  He  shall  be  Chairman  of  the 
Administrative  Board  and  shall  have 
power  to  veto  any  action  of  that  Board 
not  unanimously  concurred  in  by  all 
other  members  of  the  Board,  which 
veto  and  the  reasons  therefor  shall 
be  spread  upon  the  records  of  the  Ad¬ 
ministrative  Board. 

(i)  He  shall  have  and  exercise 
such  other  powers,  prerogatives  and 
authority  as  provided  by  this  Charter 
or  as  may  be  conferred  upon  him  by 
the  Council  or  the  general  laws  of  the 
state  not  inconsistent  with  the  pro¬ 
visions  of  this  Charter. 

(■'''  He  shall  receive  an  annual  sal¬ 
ary  of  $3,500. 

(k)  The  Mayor  shall  have  the 
power  to  appoint  some  suitable  per¬ 
son  to  act  as  his  Secretary  who  shall 
not  be  under  the  Civil  Service  rules, 
and  may  be  removed  at  will  by  the 
Mayor,  and  who  shall  receive  such 
compensation  as  shall  be  provided  by 
the  Council. 

City  Attorney — Powers  and  Duties — 

Salary. 

Sec.  8.  The  City  Attorney  shall  be 
the  lep-al  adviser  of  the  Mayor,  Coun¬ 
cil,  Administrative  Board,  Board  of 
Education.  Board  of  Library  Commis¬ 
sioners  and  all  city  'officials;  shall  con¬ 
duct  all  cases  in  court  wherein  the 
city.  Board  of  Education  or  Board  of 
Library  Commissioners  shall  be  a 
party  or  interested,  and  shall  perform 
such  other  duties  as  are  required  by 
ordinance  or  as  may  be  provided  for 
in  th’s  Charter  or  assigned  to  him  by 
the  Council  or  Administrative  Board. 
He  or  his  deputy  shall  attend  all  meet¬ 
ings  of  the  Council  and  the  Adminis¬ 
trative  Board.  He  shall  keep  in  his 
office  copies  of  all  franchises  and  con¬ 
tracts  filed  -with  the  City  Clerk  in 
which  the  city  is  interested,  together 
with  proper  data  and  information  con¬ 
cerning  the  same,  and  shall  give  to  the 
Mayor  and  Council  ample  notice  of  the 
expiration  or  termination  of  any  such 
franchise  or  contract.  He  shall  have 
power  tf>  appoint  and  remove  such 
assistants  as  may  be  provided  by  ordi¬ 
nance.  He  shall  pass  upon  the  le- 
.srality  of  all  contracts  made  by  the 
city  or  any  officer  in  its  behalf,  and 
no  contract  shall  be  valid  unless  ap¬ 
proved  by  him  as  to  form,  validity 
and  manner  of  execution,  and  such  ap¬ 
proval  endorsed  thereon  before  exe¬ 
cution  by  the  city  or  any  officer  there¬ 
of.  He  shall  give  opinions  in  writing 
to  all  officials  and  heads  of  depart¬ 
ments  named  in  this  Charter  v'^^'en  re¬ 
quested  in  writing  So  to  do;  he  shall 
keep  on  file  in  hi.-s  office  all  written 
opinions  given  by  him  to  any  officer, 
and  the  briefs  and  transcripts  used  in 
causes  wherein  he  appears,  and  bound 


20 


books  of  record  and  docket  entries 
of  all  actions  or  proceedings  under 
his  charge  in  which  the  cit>  is  inter¬ 
ested;  he  shau  cause  an  index  to  be 
made  of  all  books  and  records,  reports 
documents  and  papers,  and  a  liot  of  all 
statutes,  law  books  and  other  property 
of  every  description  belonging  to  his 
office  or  to  ulre  eity.  and  deliver  the 
whole  thereof  to  r:is  successor  in  of¬ 
fice,  who  shall  give  him  a  duphcat*  re¬ 
ceipt  therefor,  and  file  one  with  the 
City  Clerk  of  sa.d  city. 

He  shall  receive  an  annual  salary 
of  not  less  than  three  thousand  dol¬ 
lars.  He  may  designate  twm  assistants 
as  his  senior  and  junior  deputies,  who 
shall  respectively  perform  all  the 
duties  of  said  City  Attorney  in  case 
of  his  actual  disability  or  absence  from 
the  city. 

The  City  Attorney  shall,  within 
sixty  days  from  the  taking  effect  of 
the  Charter,  prepare  and  report  to  the 
Council  such  changes  and  modifica¬ 
tions  in  existing  ordinances  as  may 
be  deemed  necessary  to  adapt  the  same 
to  this  Charter,  and  as  may  be  best 
calculated  to  carry  into  effect  its  pro¬ 
visions.  and  he  shall  receive  no  addi¬ 
tional  compensation  therefor. 

Comptroller — Powers  and  Duties — 

Salary. 

Sec.  9.  (a.)  The  Comptrollei-  and 

his  deputy,  under  his  direction,  shall 
have  access  to  all  books,  records  and 
documents  kept  by  any  officer,  em¬ 
ploye  or  department  of  the  city.  Upon 
failure  of  such  officer  or  employe  to 
comply  wdth  the  requirement  of  the 
Comptroller  therefor,  he  shall  be  sus¬ 
pended  by  the  Mayor  for  a  period  not 
exceeding  thirty  days,  and  such  failure 
shall  be  grounds  for  removal  by  the 
proper  authority  at  its  discretion. 

The  Mayor  shall  immediately  re¬ 
move  or  suspend  any  such  officer  or 
employe  upon  satisfactory  evidence 
of  such  failure  being  submitted  to  him 
by  the  Comptroller. 

(b)  The  Comptroller  shall  keep  books 
of  account  of  all  of  the  departments  of 
the  city  government  affected  by  the 
provisions  of  this  Charter,  and  he  shall 
keep  such  books  and  make  all  financial 
reports  herein  provided  for,  according 
to  an  approved  uniform  system  of  ac¬ 
counting,  which  uniform  system  shall 
be  the  system  provided  by  the  general 
laws  of  this  state  when  adopted.  His 
books  shall  exhibit  accurate  and  de¬ 
tailed  statements  of  all  money  received 
and  the  several  sources  from  which 
it  is  derived.  His  books  shall  contain 
original  entries  of  all  expenditures 
and  the  specific  purpose  for  which 
each  expenditure  was  made  and  shall 
contain  a  ready  reference  to  the  origi¬ 
nal  accounts  and  vouchers  covering 
each  item.  He  shall  keep  separate 


accounts  of  each  item  of  the  budget 
and  the  date,  purpose  and  manner  of 
each  payment  therefrom. 

(c)  He  shall  examine  and  audit  all 
claims  and  demands  against  the  city, 
shall  promptly  report  to  the  Mayor 
and  Administrative  Board  in  writing 
any  default  or  delinquency  he  may  dis¬ 
cover  in  the  books,  records  or  accounts 
of  any  city  department.  He  shall 
countersign  all  checks  and  drafts 
against  the  city  treasury.  He  shall 
provide  a  system  for  keeping  a  check 
upon  all  monies  and  property  received 
by  the  city  or  by  any  officer  or  agent 
thereof,  for  the  counter  signature  of 
receipts  or  otherwise  so  as  to  keep 
a  daily  record  thereof. 

(d)  He  shall  not  audit  or  counter¬ 
sign  any  draft,  check  or  warrant  until 
he  has  audited  and  examined  the 
claim,  and  he  shall  not  allow  any  ac¬ 
count  against  the  city  for  which  the 
money  is  not  duly  appropriated  nor 
unless  the  appropriation  therefor  has 
not  been  exhausted,  nor  shall  he  audit 
or  countersign  any  pay  roll  unless  in 
conformity  with  the  provisions  of  the 
Civil  Service  Title  of  the  Charter. 

(e)  He  shall  require  any  person 
presenting  for  payment  an  account 
or  claim  exceeding  $5.00  against  the 
city  to  be  sworn  or  affirmed  touching 
such  account  or  claim  and  when  so 
sworn  or  affirmed,  may  require  him  to 
answer  orally  as  to  any  facts  relative 
to  the  justness  of  such  account  or 
claim  and  may  require  claims  of  less 
than  $5.00  in  amount  to  be  verified. 
Proof  of  all  claims  shall  be  under  oath 
and  upon  blanks  to  be  furnished  by 
the  Comptroller.  False  swearing  shall 
be  punishable  as  a  misdemeanor  by 
a  fine  of  not  to  exceed  five  hundred 
dollars,  or  by  imprisonment  in  the 
countj'-  jail  for  not  more  than  ninety 
days,  or  both  in  the  discretion  of  the 
court. 

Sub-divisions  c.  d  and  e  of  this  sec¬ 
tion  shall  not  apply  to  unliquidated 
claims. 

(f)  He  shall,  in  co-operation  with 
the  heads  of  the  several  departments; 
prepare  blanks  for  checking,  complet¬ 
ing  and  keeping  an  inventory  of  all 
property,  real  or  personal,  which  the 
city  owns  in  whole  or  in  part  and  shall 
keep  a  copy  thereof  in  his  office.  In^ 
ventories  of  all  property  shall  be  fur¬ 
nished  by  the  General  Manager  of 
each  department  at  the  end  of  each 
fiscal  year,  which  shall  show,  item  by 
item,  the  sums  charged  off  or  added 
for  depreciation  or  increase,  if  any 
depreciation  or  increase  exists  since 
the  previous  inventory,  and  shall  be 
checked  and  corrected  by  the  Comp¬ 
troller. 

(g)  He  shall  establish  in  each  de¬ 
partment,  with  the  co-operation  of 
the  head  thereof,  an  accurate  system 


21 


of  distribution  and  accounting  of  ex¬ 
penditures  under  the  heads  of  “Cost 
of  Operation,”  Cost  of  Maintenance,” 
and  “Cost  of  Permanent  Improve¬ 
ments,”  which  system,  w’hen  installed, 
shall  be  maintained  by  the  several 
departments. 

(h)  It  shall  be  the  duty  of  the 
Comptroller  and  the  heads  of  the  sev¬ 
eral  departments  to  balance  all  books 
affecting  accounts  and  accounting 
once  in  each  month. 

(i)  All  accounts,  vouchers,  bills  and 
inventory  records  shall  at  all  times  be 
open  for  inspection  by  the  public  dur¬ 
ing  business  hours. 

(j)  On  the  first  of  each  month  he 
shall  make  reports  to  the  Council  and 
to  the  Administrative  Board  of  the 
condition  of  the  financial  affairs  of 
the  city  and  shall  report  as  much 
oftener  as  may  be  required  by  either 
the  Council  or  Administrative  Board, 
and  he  shall  make  an  annual  report 
covering  in  detail  the  receipts,  ex¬ 
penditures  and  financial  condition  of 
the  city. 

(k)  He  shall  perform  such  other 
duties  not  in  cohflict  herewith  as  shall 
be  required  of  him  by  this  Charter 
or  by  the  Council.  Until  such  time  as 
a  uniform  system  of  accounting  is 
adopted  by  the  state,  the  Comptroller 
shall  install  and  maintain  a  system 
of  accounting  subject  to  the  approval 
of  the  Administrative  Board. 

(l)  He  shall  also  have  the  same 
powers  and  perform  the  same  duties 
as  in  this  section  specified,  in  regard 
to  the  financial  affairs  of  the  Board  of 
Education. 

(m)  He  shall  receive  an  annual 
salary  of  not  less  than  $2,500. 

(n)  He  may  designate  an  employe 
of  his  office  as  his  deputy,  who  shall 
perform  all  the  duties  of  said  Comp¬ 
troller  in  case  of  his  actual  disability 
or  absence  from  the  city. 

City  Clerk — Powers  and  Duties — 

Salary. 

Sec.  10.  (a)  The  City  Clerk  shall 
be  the  Clerk  of  the  Council  and  of 
the  Administrative  Board  and  attend 
all  meetings  thereof;  he  shall  keep  a 
Printed  record  of  the  proceedings  of 
the  Council  and  the  record  of  the  pro¬ 
ceedings  of  the  Administrative  Board. 
He  shall  also  keep  the  corporate  seal 
and  shall  affix  the  same  to  all  instru¬ 
ments  and  documents  requiring  the 
seal  and  attest  the  same. 

(b)  He  is  hereby  authorized  to  ad¬ 
minister  all  oaths  required  to  be  ad¬ 
ministered  under  the  provisions  of 
this  Charter,  but  shall  receive  no  com¬ 
pensation  therefor. 

(c)  He  shall  perform  such  other 
duties  as  may  be  provided  for  in  this 
Charter  and  as  may  be  assigned  to 


him  by  either  the  Council  or  Admin¬ 
istrative  Board. 

(d)  He  shall  receive  an  annual 
salary  of  not  less  than  $2,500. 

(e)  He  may  designate  one  or  more 
employes  in  his  office  as  his  deputy 
or  deputies,  who  shall  perform  all  the 
duties  of  said  City  Clerk  in  case  of 
his  actual  disability  or  absence  from 
the  city. 

General  Managers — Powers  and  Duties 

— Salary. 

Sec.  11.  The  General  Manager  of 
each  department  shall  have  the  super¬ 
vision  and  control  of  the  affairs  and 
property  belonging  to  such  depart¬ 
ment,  except  as  otherwise  provided  in 
this  Charter,  and  subject  to  the  con¬ 
trol  and  supervision  of  the  Administra¬ 
tive  Board.  He  shall  employ  the  sev¬ 
eral  employes  in  his  department  ac¬ 
cording  to  Civil  Service  regulations, 
and  may  employ  and  discharge,  or 
delegate  to  any  subordinate  the  power 
to  employ  or  discharge  such  minor 
employes  and  day  laborers  in  his  de¬ 
partment  as  shall  not  come  under 
Civil  Service  regulations.  Each  Gen¬ 
eral  Manager  shall  take  a  complete 
inventory  of  all  the  property  under 
the  control  of  his  department  at  the 
end  of  each  fiscal  year  and  file  the 
same  in  his  office.  He  shall  give  to 
the  Comptroller  a  copy  thereof  and 
shall  check  and  correct  the  same  with 
the  Comptroller  as  may  be  required 
by  said  Comptroller. 

The  salaries  of  the  General  Managers 
shall  not  be  less  than  three  thousand 
dollars  per  annum:  Provided,  how¬ 
ever,  the  Council  shall  have  power  to 
increase  but  not  to  diminish  the  sal¬ 
ary  of  any  General  Manager,  while  in 
office. 

Department  of  Public  Works. 

Sec.  12.  (a)  The  Department  of 

Public  Works'  shall  have  the  general 
supervision,  management  and  control, 
subject  to  the  other  provisions  of  this 
Charter,  of  the  water  works  property 
and  service,  electric  lighting  property 
and  service,  streets,  sewers,  flood  pro¬ 
tection.  sidewalks,  bridges,  conduits 
and  other  public  places.  It  shall  es¬ 
tablish,  fix  and  maintain  all  grade 
lines  for  street,  sidewalk  and  other 
purposes.  It  shall  also  have  the  same 
supervision  and  control  of  any  other 
public  utilities  which  the  city  may 
hereafter  acquire. 

(b)  The  General  Manager  of  this 
department  shall  appoint,  subject  to 
confirmation  by  a  majority  vote  of  the 
Administrative  Board,  a  City  Engineer 
from  persons  certified  by  the  Civil 
Service  Commission  as  eligible  under 
its  rules,  to  hold  office  during  good 
behavior  and  efficient  service  and  un¬ 
til  he  shall  resign  or  be  removed  in 


0‘> 


accordance  with  the  Civil  Service  rules 
and  regulations  in  this  Charter  pro¬ 
vided.  The  Administrative  Board  may 
call  upon  said  Engineer  to  do  work 
for  any  department. 

(c)  The  income  from  the  water 
works  property  and  service,  except 
as  hereinafter  provided,  may  be  used 
by  the  Administrative  Board  in  the 
operation,  maintenance  and  extension 
of  said  property  and  service. 
Department  of  Health  and  Safety. 

Sec.  13.  The  Department  of  Health 
and  Safety  shall  have  general  super¬ 
vision,  management  and  control,  sub¬ 
ject  to  the  other  provisions  of  this 
Charter,  of  the  police  and  Are  pro¬ 
tection  service,  health,  city  hospitals, 
sanitation  and  garbage  disposal.  The 
General  IManager  of  this  department 
shall  appoint,  subject  to  confirmation 
by  a  majority  vote  of  the  Administra¬ 
tive  Board,  the  following  employes, 
which  appointments  shall  be  made 
from  persons  certified  by  the  Civil 
Service  Commission  as  eligible  under 
its  rules. 

A  Superintendent  of  Police,  a  Fire 
Marshal,  a  Health  Officer,  each  of 
whom  shall  hold  office  during  good 
behavior  and  efficient  service,  and 
until  he  shall  resign  or  be  removed 
in  accordance  with  the .  Civil  Service 
rules  and  regulations  in  this  Charter 
provided;  Provided,  such  Health  Officer 
shall  be  a  registered  physician  in  good 
standing  and  of  not  less  than  five 
years’  actual  practice. 

The  Council  shall  provide  by  ordi¬ 
nance  for  a  system  of  gas  inspection, 
plumbing  inspection,  building  inspec¬ 
tion,  smoke  inspection,  electric  inspec- 
ton.  milk  and  food  inspection,  inspec¬ 
tion  bf  weights  and  measures,  and  may 
provide  for  a  system  of  inspection  of 
other  conditions  and  matters  in  its 
discretion,  and  it  shall  be  the  duty 
of  the  Administrative  Board  to  execute 
such  ordinance  and  to  provide  the 
necessary  officers  or  heads  of  the  spe¬ 
cial  departments  to  make  the  same 
effective. 

Any  employe  or  other  person  desig¬ 
nated  as  such  officer  to  take  charge 
of  any  such  system  or  sub-department 
shall  be  appointed  by  the  General 
Manager  of  this  department,  subject 
to  confirmation  by  a  majority  vote  of 
the  Administrative  Board,  which  ap¬ 
pointment  shall  be  made  from  persons 
certified  by  the  Civil  Service  Commis¬ 
sion  as  eligible  under  its  rules  to  hold 
office  during  good  behavior  and  effi¬ 
cient  service  and  until  they  shall  re¬ 
sign  or  be  removed  in  accordance  with 
the  Civil  Service  rules  and  regulations 
in  this  Charter  provided. 

Department  of  Ihirks  and  Public  Prop¬ 
erty. 

Sec.  14.  The  Department  of  Parks 


and  Public  Property  shall  have  general 
supervision,  management  and  control, 
subject  to  the  other  provisions  of  this 
Charter,  of  the  parks,  playgrounds, 
trees,  plants  and  shrubbery  in  the  city 
streets,  boulevards  and  alleys;  of  the 
cemeteries,  public  property  over  which 
supervision  is  not  otherwise  granted 
herein,  market  and  public  buildings; 
and  the  care  of  the  streets  and  alleys 
between  the  curb  and  the  lot  line,  ex¬ 
cept  sidewalks. 

The  General  Manager  of  this  depart¬ 
ment  shall  appoint,  subject  to  con¬ 
firmation  by  a  majority  _vote  of  the 
Administrative  Board,  the  following 
employes,  which  appointments  shall 
be  made  from  persons  certified  by 
the  Civil  Service  Commission  as  eligi¬ 
ble  under  its  rules. 

(a)  A  Superintendent  or  Superin¬ 
tendents  of  Parks,  Playgrounds  and 
Cemeteries,  who  shall  hold  office  dur¬ 
ing  good  behavior  and  efficient  service, 
and  until  he  or  they  shall  resign  or 
be  removed  in  accordance  with  the 
Civil  Service  rules  and  regulations  in 
this  Charter  provided. 

(b)  A  Superintendent  of  Market, 
w'ho  shall  hold  office  during  good  be¬ 
havior  and  efficient  service  and  until 
he  shall  resign  or  be  removed  in  ac¬ 
cordance  with  the  Civil  Service  rules 
and  regulations  in  this  Charter  pro¬ 
vided. 

Department  of  Finance  and  Revenue. 

Sec.  15.  (a)  The  Department  of 

Finance  and  Revenue  shall  have  su¬ 
pervision,  management  and  control, 
subject  to  the  other  provisions  of 
this  Charter,  over  all  matters  of 
finance,  collection  of  revenues,  pay¬ 
ment  of  obligations,  keeping  such 
books  of  account  as  shall  be  pre¬ 
scribed  by  the  Comptroller  in  accord¬ 
ance  with  the  system  of  accounting 
established  as  in  this  Charter  pro¬ 
vided. 

The  General  Manager  of  this  de¬ 
partment  shall  designate  an  employe 
of  his  department  to  act  as  Deputy 
City  Treasurer,  who  shall  perform  all 
the  duties  of  Treasurer  in  case  of 
his  actual  disability  or  absence  from^ 
the  city. 

(b)  Except  as  in  this  Charter  pro¬ 
vided  or  by  law  authorized,  the  City 
Treasurer  shall  not  lend  to  or  deposit 
with  any  bank,  banker,  person  or 
corporation,  nor  use,  pay  out  nor  al¬ 
low  to  pass  out  of  his  custody  the 
moneys  received  by  him  as  such 
Treasurer,  or  an>’  part  thereof. 

(c)  The  General  Manager  of  this 
department,  as  treasurer  of  the  city, 
shall  be  the  sole  money  receiving 
and  disbursing  officer  of  the  corpora¬ 
tion  and  of  its  officers,  agents  and  of 
its  boards,  including  the  Board  of 
Education, 

(d;  School  moneys  shall  be  used 


23 


for  school  purposes  only  and  shall  not 
be  transferred  by  the  Council  to  any 
other  fund.  Except  as  provided  in 
this  Charter  the  City  Treasurer,  in 
respect  to  the  moneys  received 
by  him,  shall  perform  all  duties  and 
be  subject  to  all  the  obligations  and 
liabilities  that  now  or  hereafter  may 
be  by  law  imposed  upon  the  Township 
Treasurers  of  the  State  in  respect  to 
the  keeping  and  paying  out  of  moneys 
collected  for  school  purposes. 

Commission  of  General  Welfare. 

Sec.  16.  (a)  It  shall  be  the  duty 

of  the  Mayor  to  appoint  a  Commis¬ 
sion  of  General  Welfare,  consisting  of 
three  members  and  also  the  Mayor 
as  ex-officio  member  with  power  to 
vote.  The  terms  of  office  of  the 
members  of  such  Commission  shall  be 
three  years  and  their  appointment 
shall  be  so  arranged  that  one  mem¬ 
ber  thereof  shall  retire  each  year.  In 
making  the  first  appointments  to  such 
Commission,  the  Mayor  shall  appoint 
one  member  to  hold  office  for  one 
year,  one  member  to  hold  office  for 
two  years,  and  one  member  to  hold 
office  for  three  years.  Women  shall 
be  eligible  to  appointment  on  this 
Commission. 

(b)  Said  Commission  subject  to 
the  general  laws  of  this  state  shall 
be  vested  with  the  entire  charge  and 
care  of  the  public  charities  of  the 
city,  and  the  care  of  poor  persons  en¬ 
titled  to  relief  by  the  city,  and  shall 
have  the  same  powers  and  authority 
as  Supervisors  acting  as  Directors  of 
the  Poor  in  townships  of  the  state, 
where  the  poor  are  cared  for  under 
what  is  known  as  the  township  sys¬ 
tem;  Provided,  that  said  Commission 
may  ado^t  such  plans  and  system  in 
the  administration  of  the  charities  of 
the  city  as  it  may  deem  adapted  to 
secure  the  greatest  efficiency  in  the 
care  and  relief  of  the  poor:  Pro¬ 
vided,  further  that  said  Commission 
shall  be  charged  with  the  duty  of 
gathering  statistics  bearing  upon  the 
question  of  poverty  and,  with  the  ap- 
yroval  of  the  Council,  of  establishing 
special  departments  dealing  with  the 
problems  relating  to  the  question  of 
poverty,  such  as  the  housing  prob¬ 
lem,  the  unemployed,  child  labor, 
provident  loans  and  such  other  work 
<xs  may  tend  to  abolish  as  well  as  to 
relieve  poverty. 

(c)  It  shall  be  the  <luty  of  said 
Commission  to  appoint  a  Superintend¬ 
ent,  City  Physician  and  such  other 
employes  as  the  economical  and  ef¬ 
ficient  service  of  this  department 
shall  require,  and  to  prescribe  and  fix 
their  duties,  which  appointments 
shall  be  made  from  persons  certified 
by  the  Civil  Service  Commission  as 
eligible  under  its  rules. 


(d)  Such  City  Physician  shall  be 
a  registered  physician  of  at  least  five 
years’  actual  practice  and  a  graduate 
of  a  reputable  medical  college,  whose 
duty  it  shall  be  to  prescribe  for  and 
treat  professionally  the  poor  in  said 
city  and  who  shall  perform  such  other 
services  as  may  be  required  by  said 
Commission  or  by  the  Department  of 
Health  and  Safety  in  connection  with 
the  work  thereof,  with  the  consent  of 
said  Commission.  Both  said  Superin¬ 
tendent  and  City  Physician  shall  hold 
office  during  good  behavior  and  effi¬ 
cient  service  and  until  they  shall  re¬ 
sign  or  be  removed  in  accordance 
with  the  Civil  Service  rules  in  this 
Charter  provided. 

(e)  The  salaries  and  compensa¬ 
tion  of  the  employes  of  this  depart¬ 
ment  shall  be  fixed  by  said  Commis¬ 
sion,  subject  to  the  approval  of  the 
Administrative  Board. 

(f)  Said  Commission  shall  hold 
weekly  meetings  and  shall  serve 
without  pay.  It  may  adopt  its  own 
rules  of  procedure,  and  choose  an¬ 
nually  its  own  officers,  and  shall  keep 
a  written  record  of  its  proceedings. 

(g)  No  length  of  actual  residence 
by  any  person  within  the  city,  while 
supported  wholly  or  partially  at  the 
expense  of  the  county,  or  any  town¬ 
ship,  shall  operate  to  give  such  per¬ 
son  a  settlement  in  the  city. 

Municipal  Social  Center  Commission. 

Sec.  17.  A  Municipal  Social  Cen¬ 
ter  Commission  is  hereby  created  to 
consist  of  a  member  of  the  Board  of 
Education,  designated  by  it  for  that 
purpose,  the  General  Managers  of  the 
Departments  of  Parks  and  Public 
Property,  Public  Works,  Health  and 
Safety,  and  not  more  than  five  other 
persons  to  be  appointed  by  the  Mayor, 
who  shall  have  charge  of  municipal 
social  centers;  all  of  whom  shall 
serve  without  compensation.  Women 
shall  be  eligible  to  such  Commission 
and  the  Mayor  shall  be  ex-officio  a 
member  thereof.  The  Council  shall 
place  in  the  budget  annually  a  reason¬ 
able  sum  for  the  creation  and  main¬ 
tenance  of  such  social  centers. 

Certain  Officers  and  Emi)loyes  to 

Give  Entire  Time. 

Sec.  18.  The  City  Attorney,  City 
Clerk,  Comptroller  and  Assessors  and 
all  employes,  except  in  cases  of  spe¬ 
cial  employment,  shall  give  their  en¬ 
tire  time  during  business  hours  to  the 
service  of  the  city. 

Annual  Examination — Books  of  Ac¬ 
count. 

Sec.  19.  At  the  beginning  of  each 
year  the  Council  shall  employ,  for  a 
stipulated  compensation  to  be  agfeed 
upon  in  advance,  a  certified  public 
accountant,  who  shall  examine,  at 


24 


least  once  in  each  year,  the  books, 
records,  papers  and  reports  of  the 
Department  of  Finance  and  Revenue 
and  of  the  Comptroller  and  of  such 
other  officers  and  departments  as 
the  Council  may  direct,  and  he  shall 
make  triplicate  reports  thereof,  and 
present  one  to  the  Mayor,  one  to  the 
Council,  and  file  one  with  the  City 
Clerk. 

Such  accountant  shall  have  ade¬ 
quate  privileges  of  investigation  to 
examine  upon  oath  or  otherwise  all 
officers,  clerks  or  employes  of  the 
city,  and  every  such  officer,  clerk  and 
employe  shall  give  all  required  assist¬ 
ance  and  information  to  such  account¬ 
ant  and  submit  to  him  for  exam¬ 
ination  such  books  and  papers  of  his 
office  as  may  be  required,  and  failure 
to  do  so  shall  be  ground  for  removal. 
The  expense  thereof  shall  be  included 
in  the  budget. 

Definitions. 

Sec.  2  0.  The  words  “officer”  and 
“official,”  when  used  in  this  Charter, 
shall  be  construed  to  mean  an  elective 
officer,  members  of  the  Commisison  of 
General  Welfare,  members  of  the 
Civil  Service  Commission,  members  of 
the  Art  and  Museum  Commission,  and 
the  appointive  members  of  the  Mu¬ 
nicipal  Social  Center  Commission,  and 
of  the  Sinking  Fund  Commission,  re¬ 
spectively. 

The  word  “employe,”  when  used  in 
this  Charter,  shall  be  construed  to  in¬ 
clude  all  other  persons  in  the  employ 
of  the  city. 


TITLE  VI. 

DIRECT  LEGISLATION — RECALL. 
Direct  Legislation. 

Sec.  1.  Any  proposed  ordinance 
may  be  submitted  to  the  Council  by 
petition  filed  with  the  City  Clerk  and 
signed  by  not  less  than  twenty-five 
per  cent  of  the  registered  voters  of 
the  city  entitled  to  vote  for  munici¬ 
pal  officers,  and  verified  by  the  person 
or  persons  who  obtained  the  signa¬ 
tures  thereto:  Provided,  that  such 
petition  may  be  signed  by  such  other 
per  cent,  not  less  than  twelve  per 
cent,  of  the  qualified  or  registered 
voters,  that  may  be  hereafter  author¬ 
ized  by  the  laws  of  the  state.  Such 
verification  shall  state  that  the  said 
signatures  were  obtained  by  the  per¬ 
son  or  persons  verifying  the  same, 
that  the  said  signatures  are  the  gen¬ 
uine  signatures  of  the  persons  pur¬ 
porting  to  sign  the  same,  and  that  the 
person  or  persons  verifying  such  pe¬ 
tition  verily  believes  that  the  signers 
thereof  are  duly  qualified  electors  of 
the  city.  Said  pe'ii.on  shall  give  the 
residence  of  eacn  uf  said  electors 


signing  the  same  by  street  and  num¬ 
ber,  ward  and  precinct. 

Proposed  Ordinance — Action  Upon. 

Sec.  2.  Said  initiatory  petition 
shall  contain  said  proposed  ordinance 
in  full  and  a  request  that,  if  said  pro¬ 
posed  ordinance  be  not  passed  by  the 
Council,  the  same  shall  be  submit¬ 
ted  to  a  vote  of  the  people.  Upon  fil¬ 
ing  said  petition,  the  City  Clerk  shall 
at  once  ascertain  and  certify  its  num¬ 
ber  of  qualified  signers.  If  such  cer¬ 
tificate  shows  the  required  number  of 
qualified  signers,  the  Council,  within 
twenty  days  thereafter,  shall  either- 
(a)  pass  said  proposed  ordinance 
without  alteration,  subject  to  the  ref¬ 
erendum  vote  provided  in  this  Title; 
or,  (b)  call  a  special  election,  unless 
a  general  or  special  election  is  to  be 
held  within  six  months  thereafter, 
and  at  such  general  or  special  elec¬ 
tion  such  proposed  ordinance  shall  be 
submitted  without  alteration. 

Referendum. 

Sec.  3.  If  within  the  thirty  days 
from  the  time  of  the  approval  of  any 
ordinance,  other  than  appropriation 
or  emergency  measures,  adopted  by 
the  Council  a  petition  shall  be  filed 
with  the  City  Cerk  protesting  against 
such  ordinance  taking  effect,  and 
signed  by  not  less  than  12  per  cent  of 
the  registered  voters  of  the  city  en¬ 
titled  to  vote  for  municipal  officers, 
and  verified  as  required  in  section  one 
hereof,  and  certified  by  the  City  Clerk 
as  required  in  this  Title,  the  same 
shall  thereupon  be  suspended  from 
taking  effect;  and  it  shall  be  the  duty 
of  the  Council  at  its  next  regular  ses¬ 
sion  to  reconsider  such  ordinance  and 
act  thereon  by  yea  and  nay  vote;  and 
if  the  .«ame  be  not  entirely  repealed, 
the  Council  shall  submit  such  ordi¬ 
nance  by  the  method  provided  in  this 
Title  to  a  vote  of  the  qualified  elec¬ 
tors  of  the  city,  either  at  the  next 
regular  municipal  election  or  at  a 
special  election  which  may  be  called, 
for  that  purpose  at  the  discretion  of 
the  Council:  and  such  ordinance  shall 
not  take  effect  unless  a  majority  of 
the  qualified  electors  voting  thereon 
at  such  election  shall  vote  in  favor 
thereof. 

Inconsistent ,  Provisions  and  Ordi¬ 
nances — Which  to  Pi’CA'ail, 

Sec.  4.  If  the  provisions  of  two 
or  more  ordinances  or  measures 
adopted  or  approved  at  the  same  elec¬ 
tion  be  inconsistent,  then  the  ordi¬ 
nance  or  measure  receiving  the  high¬ 
est  affirmative  vote  shall  prevail  in- 
so  far  as  it  or  its  provisions  are  in¬ 
consistent  with  the  other  ordinance 
or  ordinances  adopted  or  approved. 


Ordinances — Publication  of. 

Sec.  5.  Whenever  any  proposed  or¬ 
dinance  is  required  by  this  Charter  to 
be  submitted  to  the  voters  of  the  city 
at  any  election,  the  Council  shall 
cause  it  to  be  published  in  the  official 
paper  of  the  city  at  least  twice.  The 
last  publication  thereof  shall  not  be 
more  than  ten  nor  less  than  five  days 
before  the  election. 

Ballots — What  to  Contain;  Ordinance 

— When  to  Become. 

Sec.  6.  The  ballots  used  for  vot¬ 
ing  upon  such  proposed  ordinance 
shall  state  the  title  and  the  nature  of 
the  ordinance  in  terms  sufficient  to 
identify  it  and  shall  contain  in  sep¬ 
arate  lines  and  words:  “For  the  Or¬ 
dinance”  and  “Against  the  Ordi¬ 
nance.”  If  a  majority  of  the  quali¬ 
fied  electors  voting  on  such  proposed 
ordinance  shall  vote  in  favor  there¬ 
of,  the  same  shall  become  thereupon 
an  ordinance  of  the  city. 

All  Proposed  Ordinances — Ballots  to 

Contain. 

Sec.  7.  Provisions  shall  be  made 
on  one  ballot  for  voting  upon  all  pro¬ 
posed  ordinances  submitted  at  that 
election. 

Special  Elections — Number  Bimited. 

Sec.  8.  There  shall  be  held  under 
this  Titl’e  not  more  than  one  special 
election,  other  than  recall  elections,  in 
any  period  of  twelve  months. 

Repeal  or  Amendment. 

Sec.  9.  An  ordinance  proposed  by 
petition  and  adopted  by  a  vote  of  the 
electors  as  herein  provided,  shall  not 
be  repealed  or  amended  except  by 
submission  to,  and  majority  vote  of, 
the  electors  voting  thereon. 

General  Regulations. 

Sec.  10.  The  Council  shall  make  by 
ordinance  such  regulations  not  in 
conflict  herewith  as  may  be  necessary 
to  execute  the  provisions  of  this  Title. 

Penalty  For  False  Swearing. 

Sec.  11.  Any  person  who  shall  sub¬ 
scribe  and  .swear  to  a  verification  false 
in  any  particular,  either  to  the  initia¬ 
tory  petitions  or  to  the  petitions  for 
referendum  herein  provided,  upon 
conviction  thereof  shall  be  punished 
by  a  fine  not  to  exceed  five  hundred 
dollars  or  by  imprisonment  in  the 
county  jail  for  a  period  not  to  exceed 
ninety  days,  or  by  both  such  fine  and 
imprisonment,  in  the  descretion  of 
the  court. 

Oflicers  Subject  to  Recall. 

Sec.  12.  The  holder  of  any  elective 
office,  other  than  judicial,  may  be  re¬ 
called  therefrom  by  the  qualified  elec¬ 


tors  of  the  city,  or  any  other  election 
district,  as  provided  in  this  Title. 

Instituting  Recall — 3Iethocl  of  Peti¬ 
tions  for. 

Sec.  13.  Any  qualified  elector  of  the 
city  may  make  and  file  with  the  City 
Clerk  an  affidavit  containing  the 
name  of  the  officer  sought  to  be  re¬ 
moved,  and  a  specific  statement  of  the 
grounds  of  removal.  The  Clerk  shall 
thereupon  deliver  to  the  elector  mak¬ 
ing  such  affidavit  a  sufficient  number 
of  copies  of  petitions  for  such  recall 
and  removal,  printed  forms  of  which 
he  shall  keep  on  hand.  Such  peti¬ 
tions  shall  be  issued  by  the  Clerk 
with  his  signature  and  official  seal 
thereto  attached.  They  shall  be  dated 
and  addressed  to  the  Council,  shall 
contain  the  name  of  the  person  to 
whom  issued,  the  number  of  forms  so 
issued,  the  name  of  the  person  sought 
to  be  removed,  the  office  from  which 
such  removal  is  sought,  the  grounds 
of  such  removal  as  stated  in  said  affi¬ 
davit,  and  shall  demand  the  election 
of  a  successor  to  such  office.  Any  de¬ 
fect  in  said  form  shall  not  invalidate 
the  same.  Said  recall  petition,  to  be 
valid,  must  be  returned  and  filed  with 
said  Clerk  within  forty  days  of  its 
issuance.  Said  petitions,  before  be¬ 
ing  returned  and  filed,  shall  be  signed 
by  qualified  electors,  equal  in  number 
to  at  least  twenty-five  per  centum 
of  last  preceding  vote  cast  for 
all  the  candidates  for  Mayor 
by  the  electors  of  the  city  or  other 
election  district  which  the  officer 
sought  to  be  rem.oved  serves;  and  to 
each  such  signature  shall  be  attached 
the  signer’s  place  of  residence,  street, 
number,  ward  and  precinct.  Such 
signatures  need  not  all  be  on  one  pa¬ 
per.  One  of  the  signers  of  each  such 
paper  shall  make  an  affidavit  thereto 
that  the  statements  therein,  con¬ 
tained  are  true  and  that  each  signa¬ 
ture  appended  to  the  paper  is  the 
genuine  signature  of  thd  person  whose 
name  it  purports  to  be,  and  that  the 
person  verifying  such  petition  verily 
believes  that  the  signers  thereof  are 
duly  qualified  electors. 

Duties  of  Clerk  in  Regard  Thereto. 

Sec.  14.  Within  five  days  from  the 
filing  of  said  petition,  the  Clerk  shall 
ascertain  by  examination  thereof  and 
of  the  registration  books  and  election 
returns  whether  the  petition  is  signed 
by  the  requisite  number  of  qualified 
electors,  and  shall  attach  thereto  his 
certificate  showing  the  result  of  such 
examination. 

If  his  certificate  shows  the  petitions 
to  be  insufficient,  he  shall,  within  five 
days,  so  notify  in  writing  the  person 
designated  on  the  petition  as  orig¬ 
inally  securing  the  same:  and  the  pe- 


26 


tition  may  be  amended  by  filing  ad¬ 
ditional  names  at  any  time  within  ten 
days  from  the  filing  of  the  certificate. 
The  Clerk  shall,  within  five  days  after 
such  amendment,  make  like  examina¬ 
tion  of  the  amended  petition  and  at¬ 
tach  thereto  his  certificate  of  the  re¬ 
sult.  If  still  insufficient,  or  if  no 
amendment  is  made,  he  shall,  after 
five  days,  deliver  the  petition  to  the 
officer  sought  to  be  recalled,  without 
prejudice,  however,  to  the  filing  of  a 
new  petition  for  the  same  purpose. 

Duty  of  Clerk  and  Council  as  to  Peti¬ 
tions  and  Elections. 

Sec.  15.  If  the  petition  or  amended 
petition  shall  be  found  and  certified 
by  the  Clerk  to  be  sufficient,  he  shall 
submit  the  same,  with  his  certificate, 
to  the  Council  without  delay.  If  the 
officer  sought  to  be  removed  does  not 
resign  within  five  days  thereafter,  the 
Council  shall  order  an  election  to  be 
held  on  a  Tuesday  fixed  by  it,  not  less 
than  thirty  nor  more  than  forty  days 
from  the  date  of  the  Clerk’s  certifi¬ 
cate  that  a  sufficient  petition  is  filed: 
Provided,  that  if  any  other  municipal 
election  is  to  occur  within  sixty  days 
from  the  date  of  the  Clerk’s  certifi¬ 
cate,  the  Council  may,  in  its  discre¬ 
tion,  postpone  the  holding  of  the  re¬ 
call  election  to  the  date  of  such  other 
municipal  election.  If  a  vacancy  occur 
in  said  office  after  a  recall  election 
has  been  so  ordered  and  after  nom¬ 
ination  petitions  have  been  filed  as 
provided  in  Section  17,  the  election 
shall,  nevertheless,  proceed  as  in  this 
Title  provided. 

Officer’s  Name — When  to  Be  Placed  on 

Ballot. 

Sec.  16.  Any  officer  sought  to  be  re¬ 
called  may  be  a  candidate  to  succeed 
himself,  and,  unless  he  requests  other¬ 
wise  in  writing,  the  Cerk  shall  place 
his  name  on  the  official  ballot. 

Candidate  at  Recall  Election — How 

to  Become. 

Sec.  17.  Other  nominations  for  the 
office  from  which  the  officer  is 
sought  to  be  recalled  shall  be  made 
without  the  intervention  of  a  primary 
election,  by  filing  with  the  Clerk 
at  least  fourteen  days  prior  to  said 
special  election  a  statement  of  can¬ 
didacy,  accompanied  by  a  petition 
signed  by  electors  entitled  to  vote  at 
said  special  election,  equal  in  number 
to  at  least  ten  per  centum  of  the  en¬ 
tire  vote  for  all  candidates  for  the 
office  of  Mayor  at  the  last  preceding 
general  election  in  said  election  dis¬ 
trict,  Said  statement  of  candidacy 
and  petition  shall  be  substantially  in 
the  form  provided  for  primary  nom¬ 
ination  petition  in  Section  14,  Title 
III,  of  this  Charter,  so  far  as  the  same 


is  applicable,  substituting  the  words 
“Special  Recall’’  for  the  word  “Pri¬ 
mary”  in  such  statement  and  petition 
and  stating  therein  that  such  person 
is  a  candidate  for  election  instead  of 
nomination. 

Recall  Election — Candidate,  When 

Elected — When  Nominated. 

Sec,  18.  If  the  names  of  more  than 
two  candidates  appear  upon  the  recall 
election  ballot  for  the  office  from 
which  the  officer  is  sought  to  be  re¬ 
called,  then,  in  case  one  candidate 
shall  receive  a  majority  of  all  the  votes 
cast,  he  shall  be  declared  elected; 
otherwise  the  recall  election  shall  be 
considered  as  having  been  only  a  pri¬ 
mary,  and  the  two  highest  candidates 
shall  be  considered  to  have  qualified 
for  a  final  election  to  be  held  the  third 
Tuesday  thereafter  under  the  pro¬ 
visions  of  this  Charter  applying  to  the 
general  election  of  city  officials.  If 
the  names  of  only  two  candidates  ap¬ 
pear  on  the  first  recall  election  ballot, 
then  the  candidate  receiving  the  high¬ 
est  number  of  votes  shall  be  declared 
elected. 

Term  of  Office — ^Expiration  of. 

Sec.  19.  The  incumbent  shall  con¬ 
tinue  to  perform  the  duties  of  his 
office  until  the  recall  election.  If  not 
then  elected  as  provided  herein,  his 
term  shall  expire  upon  the  qualifica¬ 
tion  of  his  successor,  who  shall  hold 
office  until  the  next  regular  election 
for  such  office  and  until  his  successor 
is  elected  and  qualified.  If  the  suc¬ 
cessor  fails  to  qualify  within  ten  days 
after  receiving  notification  of  his  elec¬ 
tion,  the  incumbent  shall  thereupon 
be  removed  and  the  office  vacant. 

Recall  Elections  to  Proceed  as  Other 

Elections. 

Sec.  2  0.  Any  recall  election  or  elec¬ 
tions  shall  conform  in  procedure  to 
the  provisions  of  the  non-partisan 
election  title  of  this  Charter,  except 
wherein  they  may  be  contradictory 
hereto. 

Recall — Not  to  Be  Instituted — When. 

Sec.  21.  No  recall  petition  shall  be 
filed  against  any  officer  until  he  has 
held  his  office  for  at  least  four  months. 

Second  Recall  Election — For  Wliat 

Causes  Only. 

Sec.  22.  No  recall  petition  shall  con¬ 
tain  charges  not  arising  after  the  time 
of  the  first  election,  nor  be  filed 
against  any  officer  a  second  time  dur¬ 
ing  the  same  term  in  which  he  has 
previously  submitted  to  one  recall 
election,  except  for  causes  occurring 
after  the  previous  recall  electidn. 
Officers  Recalled - When  Not  Elig¬ 

ible. 

Sec.  23.  No  person  who  has  been 


27 


removed  from  office  by  recall  or  who 
has  resigned  from  such  office  while  re¬ 
call  proceedings  are  pending  against 
him  shall  be  appointed  to  any  office 
within  one  year  after  such  recall  or 
resignation. 

Terms  of  Office. 

Sec.  24.  All  terms  of  office  under 
this  charter  shall  continue  for  the 
time  herein  limited,  or  until  a  pre¬ 
vious  recall,  except  as  in  this  Charter 
otherwise  provided. 


TITLE  VII. 

PUBLIC  UTILITY  FRANCHISES 

AND  MUNICIPAL  OWNERSHIP. 
Power  to  Grant. 

Sec.  1.  The  power  to  grant  public 
utility  franchises,  rights  or  privileges, 
and  to  renew,  extend,  amend,  or  alter 
the  same,  shall  be  exercised  by  ordi¬ 
nance,  which  shall  become  effective 
only  upon  receiving  a  two-thirds  vote 
of  the  members  of  the  Council  elect¬ 
ed:  Provided,  that  if  the  Mayor  shall 
return  the  same  within  ten  days  with 
his  disapproval  and  the  reasons  there¬ 
for  said  ordinance  shall  not  become 
effective  unless  it  shall  be  again 
adopted  by  a  two-thirds  vote  of  the 
members  of  the  Council  elected. 

Grants — When  Void. 

Sec.  2.  Such  power  shall  be  exer¬ 
cised  expressly  subject  to  the  condi¬ 
tions  and  limitations  in  this  Title  con- 
cained,  and  every  grant  of  any  fran¬ 
chise  and  of  any  extension,  renewal, 
alteration  or  amendment  thereof 
which  shall  not  conform  to  the  limi¬ 
tations,  conditions  and  regulations  in 
this  Title  contained  shall  be  void,  and 
no  rights  shall  be  vested  or  exercised 
thereunder. 

When  to  Be  Aeted  Upon  By  Coiineil. 

Sec.  3.  No  ordinance  granting  any 
franchise,  renewal,  extension,  amend¬ 
ment  or  alteration  shall  be  finally 
actec?  upon  by  the  Council  until  at 
least  three  months  after  the  filing  of 
the  application  therefor  with  the  City 

•  Clerk,  nor  until  at  least  thirty  days 
after  the  publication  in  full  in  the 
official  paper  of  said  city  of  the 
grant,  franchise,  renewal,  extension, 
amendment  or  alteration  so  applied 

•  for,  together  with  notice  of  such  ap¬ 
plication  and  the  publication  in  one 
or  more  of  the  daily  papers  published 
and  circulated  in  said  city  of  notice 
of  such  application  and  of  a  brief  ab¬ 
stract  of  such  grant,  franchise,  re¬ 
newal,  extension,  amendment  or  al¬ 
teration,  with  correct  reference  to  the 
issues  of  the  official  paper  where  the 
same  may  be  found  in  full.  All  such 
publications  shall  be  prepared  by  the 
City  Attorney,  and  the  expense  of 


publishing  the  same  shall  be  advanced 
and  borne  by  the  applicant. 

Provided,  that  at  least  two  public 
hearings  shall  be  had  by  the  Council 
due  and  timely  notice  of  which  shall 
have  been  first  given  in  the  official 
paper,  before  any  final  action  is  taken 
thereon:  Provided,  further,  that  the 
Council,  in  framing  such  ordinance 
and  before  final  action  thereon,  shall 
refer  the  same  to  the  head  of  the 
commission  or  department  of  said 
city  having  control  or  supervision  of 
public  utilities,  or  the  Administrative 
Board,  if  no  such  commission  or  de¬ 
partment  shall  have  been  created,  and 
obtain  and  file  with  the  City  Clerk  his 
or  its  written  report  and  recommen¬ 
dation  thereon. 

In  cape  said  grant,  franchise,  re¬ 
newal,  extension,  amendment  or  alter¬ 
ation,  as  originally  applied  for  and 
published,  shall  be  amended  or 
changed,  then  in  that  event  such 
amendment  or  changes  shall  be  pub¬ 
lished  in  full  in  said  official  paper  at 
least  fourteen  days  before  said  ordi¬ 
nance,  as  amended  or  changed,  shall 
be  finally  acted  upon  by  the  Council, 
and  public  hearings  thereon  shall  be 
granted  if  requested  in  writing  with¬ 
in  seven  days  after  such  publication 
by  any  resident  of  said  city. 

Franchises — Term  of  —  Amendments, 

Etc. 

Sec.  4.  No  franchise  shall  be  grant¬ 
ed  for  a  longer  period  than  thirty 
years,  and  every  amendment  or  alter¬ 
ation  of  any  franchise  heretofore  or 
hereafter  granted  and  all  of  the  priv¬ 
ileges  and  righths  claimed  by  virtue 
thereof  shall  expire  at  the  same  time 
as  the  original  grant  or  franchise,  un¬ 
less  a  shorter  term  be  limited  in  the 
amendment  or  alteration. 

Renewals — Wlien  Applied  for  and 

Granted — City  Attorney  to  Notify 

Council  of  Expiration. 

Sec.  5.  Application  for  the  renewal 
or  extension,  in  whole  or  in  part,  of 
any  franchise  heretofore  or  hereafter 
granted,  shall  be  made  not  less  than 
three  years  nor  more  than  four  years 
before  the  expiration  of  such  fran¬ 
chise,  and  any  renewal  or  extension 
granted  by  the  Council  shall  be  sub¬ 
mitted  to  the  vote  of  the  qualified 
voters  of  said  city  not  less  than 
eighteen  months  before  such  expira¬ 
tion;  except  that  any  existing  utilities, 
whose  first  mortgage  bond  issue  ma¬ 
tures  more  than  four  years  before  such 
expiration,  may  apply  for  such  renew¬ 
als  at  any  time  within  two  years  before 
the  maturity  of  such  bonds,  and  ex¬ 
cept  that  any  application  for  renewal 
or  extension  may  be  granted  before 
the  time  herein  limited  by  vote  of 
five-sixths  of  the  members  of  the 


28 


Council  elected:  Provided,  however, 
that  such  renewal  or  extension  so 
granted  before  the  time  herein  limit¬ 
ed  shall  be  accepted  by  the  grantee 
and  put  into  operation  within  four 
months  from  the  time  the  same  is 
granted,  and  not  thereafter.  At  least 
three  months  before  the  expiration  of 
the  time  limit  for  the  application  for 
the  renewal  of  any  existing  franchise, 
the  City  Attorney  shall  notify  the 
Council  thereof,  and  it  shall  be  the 
duty  of  the  Council  forthwith  to  take 
steps  to  procure  continuous  service  of 
such  utility. 

Assignment  of  Franchises. 

Sec.  6.  No  franchise  or  privilege 
nor  any  rights  therein  shall  be  as¬ 
signed,  transferred,  sold  or  sublet  in 
whole  or  in  part,  either  directly  or  in¬ 
directly,  nor  shall  the  property,  busi¬ 
ness  or  interest  of  the  grantee,  his 
successors  or  assigns,  or  of  any  person 
operating  thereunder,  be  transferred  to 
or  combined  with  the  business  of  any 
other  company  or  person,  without  the 
express  consent  of  the  Council  first 
obtained  by  ordinance  duly  enacted, 
and  no  dealings  with  the  lessee,  as¬ 
signee  or  other  person  or  company 
claiming  to  own  or  operate  the  same, 
to  require  the  performance  of  any  act 
or  payment  of  any  compensation  by 
such  lessee,  assignee,  claimant  or 
otherwise,  shall  be  deemed  to  operate 
as  such  consent:  Provided,  that  noth¬ 
ing  in  this  section  contained  shall 
limit  the  right  of  any  public  utility 
company  to  mortgage  its  property  and 
franchise  or  limit  or  restrict  the  rights 
of  the  purchaser  upon  foreclosure  sale 
to  operate  the  same,  except  that  such 
mortgagee  and  purchaser  shall  be  sub¬ 
ject  in  all  things  to  the  franchise  and 
to  the  provisions  of  this  Title. 

Rights  of  BondJiolders.  Etc. 

Sec.  7.  The  rights  and  equities  of 
all  bondholders  or  mortgagees  of  the 
property,  rights  or  privileges  of  any 
public  utility,  or  of  any  right  or  priv¬ 
ilege  granted  by  the  city,  and  of  all 
persons  contracting  with  the  owners 
or  operators  thereof,  shall  not,  as 
against  the  city,  whether  in  the  use  of 
public  property,  public  streets,  public 
places  or  otherwise,  be  greater  or  for 
a  longer  term  than  those  of  the 
grantee  of  the  franchise,  right  or 
privilege. 

Acceptance  by  Grantee. 

Sec.  8.  Every  franchise  and  every 
extension  or  renewal  of  any  franchise 
heretofore  or  hereafter  granted  shall 
contain  a  provision  for  its  affirmative 
acceptance  by  the  grantee  thereof 
within  three  months  from  the  time  the 
same  is  granted,  and  before  the  same 
is  submitted  to  the  vote  of  the  electors, 
and  such  acceptance  shall  be  con¬ 
strued  to  be  an  acceptance  of  and  con¬ 


sent  to  all  the  terms,  conditions  and 
restrictions  contained  in  the  ordinance 
granting  the  same,  as  well  as  to  the 
provisions  of  this  Charter  and  no  such 
franchise  shall  be  deemed  binding 
upon'  the  city  and  may  be  withdrawn 
by  the  city  until  its  acceptance  in  the 
manner  prescribed  by  the  ordinance. 
Construction  of  Grant. 

Sec.  9.  All  grants  and  franchises, 
whether  originals,  renewals,  exten¬ 
sions,  alterations  or  amendments,  shall 
be  construed  in  favor  of  the  city. 
Referendum. 

Sec.  10.  The  right  of  the  referen¬ 
dum  as  provided  in  this  Charter  shall 
exist  upon  all  ordinances  passed  or 
authorized  to  be  passed  pursuant  to 
this  Title  or  relating  to  or  affecting 
franchises:  Provided,  that  petition 

therefor  may  be  filed  with  'the  City 
Clerk  within  forty  days  from  the  time 
the  acceptance  of  such  ordinance  by 
the  grantee  is  reported  to  the  Council 
by  the  C’ty  Clerk. 

Rates  of  Charge. 

Sec.  11.  Every  franchise  hereafter 
granted  shall  fix  the  maximum  rate  or 
rates  of  charge  for  the  service  to  be 
furnished  thereunder,  and  the  Council 
shall  employ  one  or  more  competent 
experts  to  ascertain  and  recommend  a 
fair  maximum  rate  befofe  finally  fix¬ 
ing  the  same. 

The  Council,  by  ordinance,  shall 
have  the  power  to  reduce  such  rate  or 
rates  below,  but  not  to  increase  them 
above,  those  so  fixed  in  the  franchise, 
and  at  least  one  public  hearing  shall 
be  had  upon  any  such  ordinance  before 
its  adoption:  Provided,  that  no  such 
rate  or  rates  shall  be  so  reduced  as 
not  to  pay,  together  with  any  and  all 
other  earnings  and  income  of  such 
utility  from  the  property,  the  value  of 
which  is  included  in  the  franchise,  a 
fair  and  reasonable  return  upon  the 
necessary  cash  working  capital  re¬ 
quired  in  the  operation  of  such  utility, 
the  amount  of  which  shall  be  fixed 
from  time  to  time,  in  advance,  by  the 
Council  and  be  subject  to  the  right  of 
arbitration  in  this  Title  provided,  and 
upon  the  value  of  the  property  actu¬ 
ally  and  necessarily  used  in  the  oper¬ 
ation  of  such  utility,  such  value  to  be 
fixed  as  provided  in  this  Title,  but 
which  shall  not  in  any  case  include 
any  value  of  the  franchise,  nor  exceed 
the  cost  of  reproduction  new,  includ¬ 
ing  the  intangible  elements  mentioned 
in  Section  13,  less  actual  depreciation 
and  obsolescence. 

The  Council  in  addition  to  the 
above,  may  provide  in  any  such  fran¬ 
chise  for  a  division  with  the  city  of 
the  net  earnings  of  such  utility,  in 
which  case  not  less  than  25  per  cent 
thereof  shall  be  paid  to  the  city,  or  for 
the  so-called  sliding  scale  of  rates  and 


29 


* 


dividends,  the  one  to  be  decreased  and 
the  other  to  be  increased  in  the  pro¬ 
portions  fixed  in  such  franchise. 

Accounting  and  Repayment  of  Excess. 

Sec.  12.  In  case  the  grantee  of,  or 
operator  under,  any  franchise,  or  any 
company,  individual  or  corporation 
interested  in  the  property  or  the  utility 
under  such  franchise,  shall  in  any 
manner  attempt  to  question,  contest  or 
review  the  action  of  the  city  in  fixing 
such  reduced  rate  or  rates  of  charge  in 
such  manner  as  may  delay  or  postpone 
the  putting  into  effect  of  the  reduced 
rate  or  rates  of  charge  so  fixed,  then 
the  grantee  of  such  franchise  or  oper¬ 
ator  of  the  public  utility  thereunder, 
as  the  case  may  be,  shall  keep  strict 
account,  according  to  such  method  as 
shall  be  prescribed  by  the  city,  of  any 
income  affected,  or  that  may  be  affect¬ 
ed  by  such  reduced  rate  or  rates  of 
charge,  in  such  manner  as  to  clearly, 
fully  and  accurately  show  the  amount, 
if  any,  produced  by  the  rates  actually 
charged,  over  the  amount  which 
would  have  been  produced  by  such  re¬ 
duced  rates  upon  the  same  volume  and 
character  of  business  in  the  interim. 
In  case  any  such  question,  contest  or 
review  of  the  rate  or  rates  so  fixed 
shall  terminate  in  sustaining  the  va¬ 
lidity  of  the  reduced  rate  or  rates, 
then  the  said  grantee  or  operator,  as 
the  case  may  be,  shall  within  thirty 
days  thereafter  pay  into  the  city  treas¬ 
ury  the  amount  which  has  been  pro¬ 
duced  from  the  date  of  the  taking 
effect  of  such  ordinance  in  excess  of 
the  amount  which  would  have  been 
produced  upon  the  same  volume  and 
character  of  business  had  the  reduced 
rate  or  rates  been  in  effect  for  that 
time. 

In  case  the  utility  be  of  such  a 
character  that  accounts  for  service 
are  kept  with  the  persons  served,  then 
and  in  such  case  the  payment  of  the 
excess  shall  be  made  within  the  time 
above  limited  and  in  the  proper  pro¬ 
portions,  to  the  persons  from  whom 
such  excess  was  received,  instead  of  to 
the  city. 

In  case  of  such  question,  contest  or 
review  of  any  rate  or  rates,  the  grantee 
or  operator  thereof  or  other  person  in¬ 
stituting  the  same,  as  a  prerequisite  to 
any  order  or  process  restraining  the 
putting  into  effect  of  the  reduced  rate 
or  rates,  shall  be  required  to  give  a 
bond  to  the  city  in  such  adequate 
amount  and  with  such  sufficient  sure¬ 
ties  as  shall  be  provided  by  the  court 
in  which  the  suit  is  instituted,  condi¬ 
tioned  to  pay  to  the  city  or  other 
proper  persons  as  herein  provided  the 
full  amount  of  excess  charged,  and 
such  bond  may  be  renewed  or  en¬ 
larged  from  time  to  time  by  order  of 
the  court. 


Value  of  Property — Francliise  to  Fix, 

Etc. 

Sec.  13.  Every  franchise  hereafter 
granted,  extended  or  renewed,  shall 
fix  the  then  value  of  the  property  of 
the  utility  within  the  city,  and  of  such 
portion  of  the  property  thereof  beyond 
the  city  limits  as  is  actually  and  nec¬ 
essarily  used  in,  belonging  to  and  a 
part  of  the  local  service,  and  whicii  the 
city  may  own  and  operate  under  the 
constitution  and  general  laws  of  the 
state;  except  that  in  the  case  of  a  new 
utility,  the  value  need  not  be  fixed  in 
the  franchise,  but  shall  be  the  value  of 
the  property  as  first  installed,  subject, 
however,  to  the  right  of  the  Council 
to  supervise  and  change  the  accounts 
as  provided  in  Section  14:  Provided, 
that  the  value  thus  fixed  or  deter¬ 
mined  in  no  case  shall  include  an,y 
value  of  the  franchise,  nor  exceed  the 
cost  of  reproduction  new  at  the  time 
of  the  granting  of  such  franchise,  re¬ 
newal  Or  extension,  or  in  the  case  of  a 
new  utility,  at  the  time  of  the  com¬ 
pletion  of  the  same,  but  may  in  either 
case  include  the  .value  of  any  in¬ 
tangible  elements  which  properly  and 
necessarily  enter  into  the  cost  of  re¬ 
production  of  the  property  as  a  new 
installation,  less  actual  depreciation. 
There  shall  be  added  annually  to  the 
value  so  fixed  and  determined,  the 
value  of  additions  and  betterments, 
and  there  shall  be  deducted  therefrom 
all  amounts  properly  charged  off  for 
depreciation  and  obsolescence. 

Provided,  that  nothing  shall  be 
added  on  account  of  additions  or  bet¬ 
terments  unless  the  expenditures 
therefor  shaP  have  been  approved  by 
the  Council  subject  to  the  same  right 
to  demand  arbitration  as  given  in  Sec¬ 
tion  27. 

Control  of  Accounts,  Expenditures, 

Etc. 

Sec.  14.  Every  public  utility  fran¬ 
chise  shall  provide  that  the  Council 
shall  prescribe  the  form  of  reports  to 
be  made  to  the  city  by  such  utility 
and  to  what  accounts  and  under  what 
heads  the  different  character  of  items 
and  expenditures  shall  be  charged  and 
reported,  including  therein  additions, 
betterments,  investments,  mainten¬ 
ance,  depreciation,  expense  and  cost 
of  operation  from  which  accounts  the 
grantee  of  such  franchise,  his  succes¬ 
sors  or  assigns,  shall  make  verified 
statements  to  the  city  and  file  with  the 
City  Clerk,  at  the  time  and  in  form 
and  substance  as  provided  for  in  the 
franchise,  or  as  shall  thereafter  from 
time  to  time  be  required  by  the  Coun¬ 
cil,  but  not  less  than  one  such  state¬ 
ment  covering  a  year’s  operation  shall 
be  furnished  in  each  and  every  year, 
and  the  Council  may  prescribe  that  the 
accounts  and  books  of  account  of  such 


30 


grantee,  his  successors  or  assigns, 
shall  he  kept  according  to  some  ap¬ 
proved  standard  form  of  accounting. 

The  Council  in  all  such  reports  shall 
have  the  right  to  and  shad  annually 
pass  upon  all  items  charged  to  the  dif¬ 
ferent  accounts  and  may  change  items 
from  one  account  to  another,  if  such 
items  are  not  properly  classified  or 
charged,  and  may  make  original  en¬ 
tries,  reduce  any  items  which  may  be 
excessive,  and  reject  or  throw  out  en¬ 
tirely  items  not  properly  chargeable 
to  additions,  betterments,  investment, 
maintenance,  depreciation  or  expense 
and  cost  of  operation  or  other  items 
of  expenditure,  even  though  the 
amounts  therefor  have  actually  been 
paid  in  whole  or  in  part  or  the  liability 
therefor  incurred,  and  such  accounts, 
and  the  value  determined  as  in  this 
Section  and  in  this  Title  provided, 
shall  form  the  basis  for  fixing  the 
rates,  and  for  purchasing  the  property, 
as  in  this  Title  provided:  Provided, 
that  all  such  changes  shall  be  fair  and 
reasonable.  If  the  grantee  of  any 
franchise,  his  successor,  or  assigns,  is 
dissatisfied  with  the  accounts  as 
changed  and  determined  by  the'Coun- 
cil,  he  shall  within  thirty  days,  and 
not  thereafter,  have  the  right  to  de¬ 
mand  an  arbitration  thereon,  which 
arbitration  and  the  right  thereto  shall 
be  exclusive  of  any  and  all  other  ac¬ 
tions  or  remedies  and  binding  and 
final  as  to  all  parties  in  interest. 

Discrimination  Prohibited. 

Sec.  15.  Every  franchise  shall  con¬ 
tain  a  provision  which  shall  prohibit 
unjust  discrimination,  and  no  grantee 
of  any  franchise,  right  or  privilege, 
his  successor  or  assigns,  shall  unjustly 
discriminate  in  the  matter  of  rates, 
charges,  or  character  of  service. 

Inspection  of  Books  of  Account. 

Sec.  16.  Every  franchise  shall  pro¬ 
vide  that  all  records,  books  of  ac¬ 
counts,  contracts,  vouchers  and  other 
documents  or  papers  of  any  grantee, 
his  successors  or  assigns,  owning  or 
operating  under  any  franchise  here¬ 
after  granted,  renewed,  extended, 
amended  or  altered,  and  which  pertain 
to  such  utility,  shall  at  all  times  dur¬ 
ing  business  hours  be  open  to  the  in¬ 
spection  of  the  Council,  Mayor  or 
other  representative  of  the  city  au¬ 
thorized  by  the  Council,  who  may 
make  transcripts  thereof  in  whole  or 
in  part. 

Extensions  of  Service. 

Sec.  17.  Every  franchise  shall  pro¬ 
vide  that  the  Council  shall  have  the 
right  from  time  to  time  to  order  all 
reasonable  and  necessary  extensions 
of  lines  or  service,  any  such  order  to 
be  made  only  after  proper  notice  to 
the  utility  and  an  opportunity  for  pub¬ 


lic  hearing  thereon.  The  reasonable¬ 
ness  of  such  extension  and  of  the  order 
requiring  the  same  when  requested  by 
the  grantee,  his  successors  or  assigns, 
within  thirty  days  from  the  date  of 
the  order  of  the  Council,  and  not 
thereafter,  shall  be  determined  by  ar¬ 
bitrators  to  be  chosen  as  in  this  Title 
provided.  The  arbitrators  shall  have 
authority  to  modify  any  such  order  of 
the  Council  or ‘to  change  or  alter  the 
time  therein  fixed:  Provided,  how¬ 
ever,  that  the  reasonableness  of  such 
extensions  and  orders  shall  be  pre¬ 
sumed  until  the  contrary  thereof  is 
established. 

Such  order  of  the  Council  or  deter¬ 
mination  of  the  arbitrators,  as  the  case 
may  be,  shall  be  exclusive  of  any  and 
all  other  actions  or  remedies  and  con¬ 
clusive  and  binding  upon  all  persons 
having  or  claiming  any  rights  in  such 
utility  or  franchise  and  shall  not  be  in 
anywise  subject  to  review. 

The  failure  to  make  and  to  put  into 
operation  such  extensions,  to  the  ex¬ 
tent,  in  the  manner  and  time  ordered 
by  the  Council,  or  by  such  arbitrators, 
as  the  case  may  be,  and  for  one  year 
thereafter,  shall  constitute  a  cause  for 
forfeiture  of  the  franchise  right  or 
privilege  which  may  be  declared  by 
said  council. 

Right  to  Regulate  Service,  Secure 

Safety,  Convenience,  Etc. 

Sec.  18.  Every  ordinance  granting 
a  public  utility  franchise,  right  or  priv¬ 
ilege,  and  any  extension  or  renewal  of 
any  franchise  hereto.  , 'e  or  herea''ler 
granted,  shall  expressly  pijvide  that 
the  Council  may  'from  time  to  time 
make  all  regulations  which  it  .sliall 
deem  necessary  to  secure  in  the  most 
ample  manner  the  safety,  welfare,  and 
convenience  of  the  pul.dic,  inducing 
among  other  things,  the  right  to  re¬ 
quire  any  and  all  wires,  cables,  con¬ 
duits  and  othei  like  appliances  to  be 
placed  under  ground  or  otherwise 
properly  protected,  the  right  to  pro¬ 
tect  the  public  from  danger  and  t,- 
convenience  in  the  operation  of  any 
utility  work  or  busine.ss  authorized  by 
the  grant,  franchise,  exteaslor.  or  re¬ 
newal,  the  right  to  make  and  enforce 
any  and  all  reasonable  regulations,  (ir- 
ders  and  restrictions  for  the  conveni¬ 
ence,  safety  and  welfaj'e  of  the  ublic, 
and  the  right  to  require  uniform,  ade¬ 
quate,  sufficient  and  proper  .service  and 
accommodations  to  tho  public,  and  the 
maintenance  of  the  utihty  plant,  prop¬ 
erty  and  service  at  the  maximum  ot 
efficiency.  The  enumeration  heroin  of 
particular  regulations  shall  not  ex¬ 
clude  the  right  of  the  Council  to  make 
other  regulations  as  provided  in  this 
Section. 

Joint  Use  of  Tracks.  Etc. 

Sec.  19.  The  right  is  hereby  re- 


31 


# 


served  to  the  city  to  use  and  to  con¬ 
trol  and  regulate  the  use  of  its  streets, 
alleys  and  public  places  and  the  space 
above  and  beneath  them. 

Every  franchise  for  the  operation 
of  a  public  utility,  occupying  the 
streets,  alleys  or  public  places  of  the 
city,  shall  be  subject  to  the  limitation 
that  the  citymay  refuse  or  maj’’  permit 
the  joint  use  of  the  property  of  such 
public  utility  located  in  the  streets, 
alleys  or  public  places  of  the  city  by 
any  other  public  utility  on  such  terms 
as  it  may  impose,  and  upon  paj’ment 
of  a  reasonable  compensation  to  the 
owner  thereof.  If  the  owner  of  such 
property  and  the  one  desiring  such  use 
are  not  able  to  agree  on  such  compen¬ 
sation,  the  same  shall  be  deter. iiined 
by  arbitration,  as  provided  in  Section 
27  of  this  Title,  except  that  sucn  other 
public  utility  instead  of  the  city  shall 
.select  one  arbitrator. 

The  use  of  the  streets,  alleys  or  pub¬ 
lic  places  of  the  city  by  such  other 
public  utility  shall  be  subject  to  regu¬ 
lation  by  the  Council. 

Purchase  by  the  City. 

Sec,  20.  Every  franchise  hereafter 
granted,  and  every  renewal,  extension, 
or  amendment  of  any  franchise  now 
existing  or  hereafter  granted,  shall 
provide  that  at  the  termination  there¬ 
of,  and  also  at  fifteen  years  from  the 
time  of  the  taking  effect  thereof,  and 
at  any  five-year  period  thereafter,  or 
upon  the  forfeiture  thereof,  the  city 
shall  have  the  right  to  buy  and  take 
over  all  the  tangible  property  of  such 
utility  within  the  city  and  such  por¬ 
tion  of  the  property  of  such  utility  be¬ 
yond  the  city  limits  as  is  actually  and 
necessarily  used  in,  belonging  to  and  a 
part  of  the  local  service,  and  which 
the  city  may  own  and  operate  under 
the  constitution  and  general  laws  of 
the  state,  at  the  actual  cash  value  as 
fixed  in  the  franchise  or  the  value  as 
fixed  when  first  installed,  as  the  case 
may  be,  including  the  value  of  any 
intangible  elements,  as  mentioned  in 
Section  13  of  this  Title,  plus  the  value 
of  additions  and  betterments  made 
during  the  period  of  operation  under 
the  franchise,  less  the  amounts  which 
have  been  properh'’  charged  off  for  de¬ 
preciation  or  obsolescence  during  such 
period  of  operation  os  provided  in  Sec¬ 
tion  18  of  this  Title:  Provided,  that 
the  amount  thus  to  be  paid  in  no  case 
shall  include  any  value  of  the  fran¬ 
chise,  nor  exceed  the  cost  of  repro¬ 
duction  new  at  the  time  of  the  pur¬ 
chase  and  taking  over  of  said  property 
by  the  city,  but  may  include  the  value 
of  any  intangible  elements  which  prop¬ 
erly  and  necessarily  enter  into  the  cost 
of  reproduction  of  the  property  as  a 
new  installation,  less  actual  deprecia¬ 
tion. 

If  said  right  to  purchase  shall  be 


exercised  by  the  city  at  the  end  of 
the  first  fifteen-year  period,  or  at  any 
five-year  period  thereafter,  then,  ex¬ 
cept  in  case  of  forfeiture,  there  shall 
be  added  as  part  of  the  purchase  price 
to  the  cash  value  of  the  property,  de¬ 
termined  as  provided  in  this  section, 
such  per  cent  of  the  amount  thereof 
as  shall  be  fixed  in  the  franchise. 

If  the  city  does  not  elect  to  pur¬ 
chase  the  property  under  the  pro¬ 
visions  herein  named  then,  at  the  ter¬ 
mination  of  such  franchise  or  upon 
any  forfeiture  thereof,  the  Council  may 
provide  that  the  grantee  of  such  ex¬ 
pired  or  forfeited  franchise,  his  suc¬ 
cessors,  or  assigns,  shall  sell  the  same 
at  the  price  to  be  ascertained  as  herein 
provided,  to  the  party  to  whom  a  new 
franchise  may  be  granted,  or  such 
other  party  as  the  Council  may  deter¬ 
mine,  conditioned  on  the  obligation  of 
the  grantee  of  such  new  franchise  or 
other  party  to  purchase  the  same: 
Provided,  that  said  grantee,  his  suc¬ 
cessors  or  assigns,  shall  continue  to 
operate  such  public  utility  under  the 
terms  of  such  franchise  and  give  ef¬ 
ficient  service  until  such  time,  not  ex¬ 
ceeding  one  year,  as  the  city  or  such 
other  party  is  ready  to  take  possession 
and  operate  the  same,  and  in  default 
thereof,  the  Council  may  at  once  di¬ 
rect  and  authorize  the  taking  posses¬ 
sion  and  operation  of  the  same  during 
the  interval  on  the  account  of  said 
grantee,  his  successors  or  assigns. 

Operation  After  Expiration  of  Fran¬ 
chise — Control  of. 

Sec.  21.  In  the  case  of  any  person 
or  company  operating  any  public  util¬ 
ity  after  its  franchise  has  terminated, 
either  by  expiration,  forfeiture,  or  oth¬ 
erwise,  the  Council  shall  have  full  au¬ 
thority  of  control  and  government  over 
the  same  and  the  operation  thereof, 
including  the  authority  to  fix  and  reg¬ 
ulate  the  rate  or  rates  of  charge  for 
the  service  furnished  by  such  person, 
company  or  utility,  the  division  of 
earnings  and  the  compensation  to  the 
city  therefor. 

Franchises  — -  Renewals.  Etc.  —  When 

Revocable. 

Sec.  22.  Everv  franchise,  and 
every  renewal,  extension,  amendment 
pr  alteration  thereof,  shall  be  and  con¬ 
tinue  subject  to  alteration,  amend¬ 
ment,  repeal  or  revocation  by  the 
Council  at  any  time  after  thirty  days 
from  the  introduction  of  the  resolu¬ 
tion  for  that  purpose,  unless  the  same 
shall  affirm ativelv  state  that  such  re¬ 
served  power  shall  not  exist  in  the 
city,  and  unless  and  until  the  same 
shall  have  received  the  affirmative 
vote  of  not  less  than  three-fifths  of 
the  qualified  voters  of  said  city  voting 
thereon. 


32 


Forfeiture. 

Sec.  23.  Every  such  franchise  shall 
provide  for  the  revocation  or  forfeit¬ 
ure  thereof  by  the  Council  for  viola¬ 
tion  of  its  provisions,  and  in  addition 
thereto  shall  provide  for  the  judicial 
forfeiture  thereof,  either  of  which 
methods  of  procedure  shall  be  op¬ 
tional. 

Faihii’e  to  Operate.  Etc. — Forfeiture. 

Sec.  24.  Failure  on  the  part  of 
the  grantee  to  commence  work  in  good 
faith  under  any  franchise  hereafter 
granted  for  a  new  utility  within  six 
months  from  the  time  of  the  taking 
effect  thereof  and  failure  to  complete 
such  work  within  the  time  fixed  in 
the  ordinance,  unless  such  time  is  ex¬ 
tended  by  the  Council  on  good  cause 
shown  or  wilful  failure  of  any  utility 
at  any  time  thereafter  for  ten  days 
to  keep*  in  actual  operation,  in  whole 
or  in  part  the  utility  covered  by  such 
franchise,  shall  be  cause  for  forfeiture. 

Franchises — When  to  Take  Effect. 

Sec.  25.  No  franchise  shall  be 
granted  which  shall  not  by  its  terms 
take  effect  within  one  year  after  tne 
adoption  of  the  ordinance  g: anting  the 
same,  except  in  the  case  of  grants  to 
take  effect  at  the  end  of  an  existing 
franchise. 

Fi’ce  Passes,  Etc.,  Prohibited. 

Sec.  2  6.  Every  ordinance  granting 
a  franchise  shall  prohibit  the  grantee 
therein  named,  or  his  successors  or  as¬ 
signs,  from  giving  cr  granting,  either 
directly  or  indirectly,  any  pass,  frank, 
free  ticket  or  free  servi'-*e  to  any  per¬ 
son  whomsoever,  except  to  such  classes 
of  the  employes  of  the  utility  and  of 
the  Fire  and  Police  Departments  of 
the  city  as  shall  be  fixed  in  the  fran¬ 
chise. 

Arbitrators  —  How  Chosen  —  What 

Franchises  to  Provide  Thereon. 

Sec.  27.  In  all  cases  in  this  Title 
where  arbitratioT^  is  provided,  or  al¬ 
lowed,  the  arbitrators  shall  be  chosen 
as  follows:  The  utility,  within  ten 
days  after  claiming  such  arbitration, 
shall  name  one  arbitrator;  the  Council, 
within  ten  days  after  notice  thereof, 
shall  name  one  arbitrator;  within  ten 
days  after  their  appointment,  the  two 
arbitrators  so  chosen  shall  name  a 
third  arbitrator. 

Every  franchise  shall  specifically 
provide  the  method  of  choosing  the 
third  arbitrator  in  every  case  wherein 
the  two  arbitrators  are  unable  to 
choose  such  arbitrator,  as  above  pro¬ 
vided.  In  case  the  utility  shall  fail  to 
name  its  arbitrator  as  herein  provided, 
it  shall  forfeit  its  right  to  said  arbitra¬ 
tion.  and  the  order  of  the  Council  shall 
stand  and  be  final;  and  in  case  the  city 
shall  fail  to  name  its  arbitrator  as 


here’n  provided,  the  order  of  the 
Council  shall  be  of  no  effect.  The 
written  findings  of  such  arbitrators,  or 
any  two  of  them,  shall  be  conclusive 
upon  all  parties  in  interest. 

Apijiicant  to  P^iy  Expenses. 

Sec.  28.  The  grantee  of  any  public 
utility  franchise  or  privilege  shall  pay 
to  the  city  the  cost  of  its  submission 
to  the  vote  of  the  people  and  the  ac¬ 
tual  cost  of  publication  and  advertis¬ 
ing,  the  amount  thereof  to  be  fixed  by 
the  Council. 

Acceptance  of  an  Amendment — Ef¬ 
fect  of. 

Sec.  2  9.  The  acceptance  of  any 
amendment  to  a  franchise  or  grant 
now  existing  shall  subject  the  grantee 
thereof,  his  successors  and  assigns,  to 
all  of  the  provisions  of  this  Title,  unless 
the  same  is  revocable  or  unless  it  be 
expressly  stated  therein  that  its  effect 
shall  not  be  to  subject  said  grantee  to 
such  provision. 

Books  of  Record  and  Reference. 

Sec.  30.  The  Mayor  and  Council 
shall  provide  and  cause  to  be  kept  in 
the  office  of  the  City  Clerk  the  follow¬ 
ing  books  of  record  and  reference, 
which  shall  be  open  to  the  public. 

First:  A  Franchise  Record,  indexed 
and  of  proper  form,  in  which  shall  be 
transcribed  accurate  and  correct  copies 
of  any  and  all  grants  by  the  city  of 
every  franchise,  right  or  privilege  and 
of  any  and  all  renewals,  extensions, 
amendments  or  alterations  thereof  to 
any  person  or  company  owning  or 
operating  any  public  utility  or  which 
may  be  acquired  or  claimed  by  such 
person  or  compan5^  The  index  of  said 
record  shall  give  the  name  of  the 
grantee  and  thereafter  the  name  of 
any  assignee  thereof  or  successor 
thereto.  Said  record  shall  be  a  com¬ 
plete  history  of  all  franchises  hereto¬ 
fore  or  hereafter  granted  by  the  city, 
and  shall  include  a  comprehensive 
and  convenient  reference  to  actions, 
contests,  proceedings  at  law  or  arbi¬ 
trations,  if  any,  and  all  matters  or 
proceedings  affecting  the  same. 

Second:  A  Public  Utility  Record,  for 
every  person  or  company  owning  or 
operating  any  public  utility  under  any 
franchise  granted  by  the  city,  which 
shall  show  the  original  investment  or 
value  of  the  property,  to  be  ascer¬ 
tained  as  in  this  Title  provided,  to¬ 
gether  with  the  footing  and  summary 
of  all  accounts  and  statements  as  fur¬ 
nished  by  the  person  or  cbmpany  oper¬ 
ating  under  said  franchise,  or  as  as¬ 
certained  as  in  this  Title,  provided, 
and  such  other  statements,  reports  and 
matters  of  information  and  public  in¬ 
terest  as  may  be  made  or  furni.shed 
or  as  the  Council  may  from  time  to 
time  require.  All  footings  and  sum- 


maries  of  all  annual  statements  shall 
be  published  once  in  the  official  news¬ 
paper  or  printed  and  distributed  in 
pamphlet  form,  as  the  Council  may 
deem  best. 

Right  of  City  to  Acouire,  Construct 

and  Operate. 

Sec.  31.  The  City  of  Grand  Rapids 
shall  have  and  it  is  hereby  given  the 
right  and  power  to  acquire,  construct, 
own,  operate  and  maintain,  either 
within  or  without  its  corporate  limits, 
street  railways,  subways,  and  any  and 
all  transportation  facilities,  water 
works,  electric  light  works,  gas  works, 
power  works,  heating  works,  telephone 
and  telegraph  lines,  conduits,  bridges, 
viaducts,  wharfs  and  docks,  markets 
and  market  houses,  garbage  collection, 
garbage  disposal  and  reduction  plants, 
asphalt  and  other  paving  plants  and 
appliances,  and  such  other  public 
utility,  enterprise  or  service  as  the 
Council  may  from  time  to  time  de¬ 
termine  and  designate,  and  to  acquire 
all  property,  real  or  personal,  neces¬ 
sary  or  proper  therefor,  and  to  main¬ 
tain  and  operate  the  same,  or  to  lease 
the  same,  or  any  part  thereof,  to  other 
corporations  or  individuals  for  the 
purpose  of  maintenance  and  opera¬ 
tion;  and  said  city  may  also  sell  and 
deliver  water,  heat,  power,  light  and 
other  service  of  any  such  utility  as  it 
is  now,  or  may  be  hereafter  authorized 
to  do  by  the  laws  of  the  state. 

Power  to  Acquire  Existing  Franchises, 

Etc. 

Sec.  32.  The  city  shall  have,  and  it 
is  hereby  given  the  power  and  right, 
to  acquire,  by  purchase  or  condemna¬ 
tion,  existing  franchises,  if  any,  and 
the  property  used  in  the  operation  of 
any  and  all  companies  or  individuals 
now  engaged  in  the  street  railway, 
tram  railway,  electric  light,  gas,  heat, 
water  or  power  business  in  the  city; 
Provided,  that  the  proposition  to  ac¬ 
quire  or  to  construct  any  public  utiility 
under  Section  31  of  this  Title  and  the 
proposition  to  acquire  by  purchase  any 
existing  franchise  and  property  under 
this  Section,  shall  have  first  received 
the  affirmative  vote  of  not  less  than 
three-fifths  (3-5)  of  the  qualified  elec¬ 
tors  of  said  city  voting  thereon  at  a 
regular  or  special  municipal  election, 
and  upon  every  such  proposition,  wo¬ 
men  taxpayers  having  the  qualifica¬ 
tions  of  male  electors,  shall  be  en¬ 
titled  to  vote.  Provided,  further,  that 
in  any  such  referendum,  the  approxi¬ 
mate  purchase  price  or  cost  of  con¬ 
struction,  as  the  case  may  be,  shall 
be  a  part  of  the  question  submitted  to 
the  people,  and  that  the  city  shall  not 
pay  or  agree  to  pay  therefor  more 
than  ten  per  cent  in  excess  of  such 
approximate  purchase  price  or  cost 


of  construction,  as  the  case  may  be: 
Provided,  further,  that  the  city  shall 
in  no  case  purchase  or  pay  any  con¬ 
sideration  for  any  franchise  or  privi¬ 
lege  hereafter  granted,  renewed  or 
extended,  except  as  herein  otherwise 
provided:  Provided,  further,  that  the 
qualified  voters  of  the  city  may  initiate 
the  proposition  or  ordinance  to  ac¬ 
quire,  construct  or  operate  any  such 
public  utility  and  have  the  same  sub¬ 
mitted  to  the  vote  of  the  qualified 
voters  for  their  approval  or  disap¬ 
proval  in  the  same  manner  as  pro¬ 
vided  in  this  Charter  for  the  initiation 
and  approval  of  ordinances. 

Tile  Right  to  Bond. 

Sec.  33.  To  acquire,  construct,  own, 
operate  or  maintain  any  such  public 
utilities,  as  authorized  in  this  Title 
the  city  may  issue  its  mortgage  bonds 
therefor  beyond  the  general'  limit  of 
bonded  indebtedness  prescribed  by  law 
and  subject  only  to  the- conditions  and 
limitations  now  or  hereafter  contained 
in  the  constitution  and  laws  of  this 
state. 

Procedure  to  Acquire,  Etc. 

Sec.  3  4.  The  Council,  by  ordinance, 
shall  prescribe,  or  the  people,  by  ordi¬ 
nance  duly  initiated  and  approved  un¬ 
der  the  provisions  of  this  Charter,  may 
prescribe,  the  procedure  to  acquire  or 
construct  any  public  utility. 

Books  of  Account — Examination. 

Sec.  3  5.  The  city,  when  owning  any 
public  utility,  shall  keep  the  books  of 
accounts  for  such  public  utility  dis¬ 
tinct  from  other  city  accounts  and  in 
such  manner  as  to  show  the  true  and 
complete  financial  result  of  such  city 
ownership,  or  ownership  and  operation, 
as  the  case  may  be.  Such  accounts 
shall  be  so  kept  as  to  show  the  actual 
cost  to  such  city  of  the  public  utility 
owned,  all  cost  of  maintenance,  ex¬ 
tensions,  additions  and  betterments; 
all  operating  expenses  of  every  de¬ 
scription,  in  case  of  such  city’  opera¬ 
tion;  the  amounts  set  aside  for  sink¬ 
ing  fund  purposes;  if  water  or  other 
service  sha.l  be  lurnished  for  the  use 
of  such  public  utility  without  charge, 
the  accounts  shall  show,  as  nearly 
as  possible,  the  va.ue  of  such  service, 
and  also  the  value  of  such  similar 
service  rendered  by  the  pub  ic  utility 
to  the  city  or  any  department  thereof 
without  charge;  such  accounts  shall 
also  show  reasonable  allowance  for 
depreciation  and  obsolescence,  and 
also  estimates  of  the  amount  of  taxes 
that  would  be  chargeable  against  such 
property  if  owned  by  a  private  cor¬ 
poration,  and  such  other'  matters  as 
the  Council  shall  from  time  to  time 
prescribe.  The  Council  shall  cause 
to  be  printed  annually  for-  public  dis¬ 
tribution  a  report  showing  the  finan- 


34 


cial  results,  in  form  as  aforesaid,  of 
such  city  ownership,  or  ownership  and 
operation.  The  accounts  of  such  pub¬ 
lic  utility,  kept  as  aforesaid,  shall  be 
examined  at  least  once  a  year  by  an 
expert  accountant,  who  shall  report 
to  the  Council  the  results  of  his  exam¬ 
ination.  Such  expert  accountant  shall 
be  selected  in  such  manner  as  the 
Council  may  direct,  and  he  shall  re¬ 
ceive  for  his  services  such  compensa¬ 
tion  as  the  Council  may  prescribe,  to 
be  paid  out  of  the  income  or  revenues 
from  such  public  utility. 

Civil  Service. 

Sec.  36.  All  employes  of  any  public 
utility  owned  or  operated  by  the  City 
shall  be  subject  to  the  Civil  Service 
provisions  of  this  Charter. 

Public  Utilities  Department. 

Sec.  37.  The  Council  may  provide 
for  a  local  public  utilities  department 
relating  to  privately  owned  or  operated 
public  utilities,  with  such  powers  and 
duties  not  in  conflict  with  this  Title 
as  shall  be  prescribed  by  ordinance. 


TITIjE  VIII. 

CIVILi  SERVICE  CODE. 
Commissioners  —  Number  —  Term — 
Quorum — Not  to  Hold  Otlier  Office. 

Sec.  1.  On  the  first  Monday  in  May 
after  the  adoption  of  this  Charter  the 
Mayor  shall  appoint,  subject  to  con¬ 
firmation  by  the  Council,  three  electors, 
who  shall  constitute  the  Civil  Service 
Commission  of  the  city.  One  Commis¬ 
sioner  shall  be  appointed  for  six 
years,  one  for  four  years  and  one  for 
two  years  from  the  first  Monday  of 
May  in  the  year  in  which  appointed 
and  until  their  respective  successors 
•are  appointed  and.qualifled;  and  every 
second  year  thereafter  the  Mayor  shall 
appoint  in  like  manner  one  person 
as  the  successor  of  the  Commissioner 
whose  term  shall  expire  in  that  year 
to  serve  as  such  Commissioner  for  six 
years,  and  until  his  successor  is  ap¬ 
pointed  and  qualified.  Two  Commis¬ 
sioners  shall  constitute  a  quorum.  The 
Commissioners  shall  hold  no  other  of¬ 
fice  or  employment  under  this  Charter. 

R(  niovals — Mayor  to  Make  for  Cer¬ 
tain  Cause — Vacane.v,  How  Filled. 

Sec.  2.  The  Mayor  may  remove,  sub¬ 
ject  to  approval  by  the  Council,  any 
Commissioner  for  incompetency,  ne¬ 
glect  of  duty,  malfeasance  in  office,  or 
for  the  violation  of  any  of  the  terms 
of  this  Charter.  The  Mayor  shall 
forthwith  report  in  writing  any  such 
removal  to  the  Council  with  his  rea¬ 
sons  therefor.  Any  vacancy  in  the 
office  oi  Commissioner  shall  be  filled  in 


the  same  manner  as  the  original  ap¬ 
pointment. 

Offices  and  Employments  to  be  Classi¬ 
fied — Appointments  to  be  Made 

Under  Civil  Service  Rules. 

Sec.  3.  Except  as  herein  otherwise 
provided  said  Commission  shall  class¬ 
ify  all  the  offices  and  places  of  em¬ 
ployment  in  the  city  with  reference 
to  the  examination  hereinafter  pro¬ 
vided  and  with  the  duties  of  the  said 
offices  as  the  basis  for  said  classifica¬ 
tion.  The  offices  and  places  so  classi¬ 
fied  by  the  Commission  shall  con¬ 
stitute  the  classified  Civil  Service  of 
the  city  and  no  appointments  to  any 
of  such  offices  or  places  shall  be  made 
except  under  and  according  to  the 
rules  hereinafter  provided. 

Commission  to  Make  and  Publish 

Rules — What  to  Provide  for. 

Sec.  4.  The  Commission  shall  make 
rules  to  carry  out  the  purposes  of  this 
Charter  and  for  examinations,  appoint¬ 
ments.  service  on  probation,  promo¬ 
tions  and  removals,  and  the  Commis¬ 
sion  may  from  time  to  time  make 
changes  in  the  original  rules.  All  rules 
and  amendments  thereto  shall  be  pub¬ 
lished  at  least  once  in  the  official  news¬ 
paper  of  the  city  and  be  posted  in  a 
conspicuous  place  in  the  offices  of  the 
Commission. 

Public  and  Competitive  Examinations 
— Notice  and  Character  of. 

Sec.  5.  All  applicants  for  offices  or 
places  in  said  classified  service  shall 
be  subjected  to  examination,  which 
shall  be  public,  competitive  and  ad¬ 
vertised  in  the  same  manner  as  pro¬ 
vided  for  the  advertisement  of  the 
rules  of  the  Commission.  Such  exam-  • 
inations  shall  be  practical  in  their 
character  and  shall  relate  to  those 
matters  which  shall  fairly  test  the 
relative  capability  of  the  persons  ex¬ 
amined  to  do  the  duties  of  the  posi¬ 
tions  to  which  they  seek  to  be  ap¬ 
pointed.  Xo  question  in  any  examina¬ 
tion  shall  relate  to  political  or  re¬ 
ligious  opinions  or  affiliations.  The 
Commission  shall  control  all  examina¬ 
tions  and  its  gradings  shall  be  final. 

Register  of  Eligibles — Commission  to 

I*repare — Rank  of. 

Sec.  6.  Prom  the  examinations  made 
by  the  Commission,  the  Commission 
shall  prepare  a  register  for  each  grade 
or  class  of  positions  in  the  classified 
service  of  such  city,  of  the  persons 
whose  general  average  standing  upon 
examination  for  such  grade  or  class 
is  not  less  than  the  minimum  fixed  by 
the  rules  of  the  Commission  and  who 
are  otherwise  eligible;  and  such  per¬ 
sons  shall  take  rank  upon  the  register 
as  candidates  in  the  order  of  their 


relative  excellence  as  determined  by 
examination. 

Notice  by  Head  of  Department  of 
Position  to  be  Filled — Whom  Com¬ 
mission  to  Certify. 

Sec.  7.  The  head  of  the  department 
or  office  in  which  a  position  classified 
under  this  Title  is  to  be  filed,  shall 
notify  the  Commission  of  that  fact, 
and  the  Commission  shall  certify  to 
the  appointing-  officer  the  name  and 
address  of  a  candidate  for  appoint¬ 
ment  who  shall  have  been  determined 
under  the  rules  of  the  Commission  in 
the  following  manner: 

(a)  By  promotion  as  a  result  of 
competitive  examination  among  ern- 
ployes  of  a  lower  grade  in  the  classi¬ 
fied  service  than  that  of  the  office  to 


ploye  in  the  classified  Civil  Service  of 
the  city  may  be  removed  by  the  Gen¬ 
eral  Manager  of  the  department  or 
head  of  any  other  department  in  which 
he  is  employed:  Provided,  that  the 
reasons  for  removal  shall  be  stated 
to  the  employe  in  writing,  and  he  shall 
be  given  an  opportunity  to  reply  there¬ 
to  before  removal  is  made,  both  rea¬ 
sons  and  answers  to  be  made  a  public 
record  of  the  Commission.  Provided 
further,  that  such  removal  shall  be 
final  and  not  subject  to  review  in 
the  courts  or  elsewhere:  Provided, 
that  nothing  in  this  Charter  shall 
limit  the  power  of  any  officer  to  .sus¬ 
pend  a  subordinate  for  a  reasonable 
period  of  time  not  exceeding  thirty 
days. 

to  Investigate  Enforce- 


be  filled. 

(b)  As  a  result  of  a  previous  com¬ 
petitive  examination  for  an  office  in 
the  same  class. 

(c)  As  the  result  of  original  com¬ 
petitive  examination. 

Temporary  Appointments — Hoav  and 

When  Made. 

Sec.  8.  To  prevent  the  stoppage  of 
public  business  or  to  meet  extraordi¬ 
nary  exigencies,  the  head  of  any  de¬ 
partment  or  office,  with  the  approval 
of  the  President  of  the  Commission, 
may  make  temporary  appointment,  to 
remain  in  force  not  exceeding  thirty 
days,  and  only  until  regular  appoint¬ 
ments  under  the  provisions  of  this 
Charter  can  be  made. 

Promotions  — <  How  Hegiilatcd  and 


meiit  of  Title  and  Conduct  of  Ap¬ 
pointees — To  Administer  Oaths  and 
Issue  Subpoenas. 

Sec.  11.  The  Commission  shall  in¬ 
vestigate  the  enforcement  of  this  Title 
and  of  all  its  rules  and  the  conduct 
and  action  of  the  appointees  in  the 
classified  service*  in  this  city;  and  may 
inquire  as  to  the  nature,  tenure,  and 
compensation  of  all  offices  and  places 
in  the  public  service  thereof.  In 
the  course  of  such  investigations  each 
Commissioner  shall  have  powder  to  ad¬ 
minister  oaths,  and  said  Commission 
shall  have  the  power  to  secure  by  its 
subpoena  both  the  attendance  and 
testimony  of  witnesses  and  the  pro¬ 
duction  of  books  and  papers  relevant 
to  such  investigation. 


Made. 

Sec.  9.  The  Commission  shall,  by 
its  rules,  provide  for  promotions  in 
such  classified  service  on  the  basis  of 
ascertained  merit  and  seniority  in 
servdee  and  examination,  and  shall 
provide  in  all  cases  where  it  is  prac¬ 
ticable  that  vacancies  shall  be  filled  by 
promotion.  All  examinations  for  pro¬ 
motion  shall  be  competitive  among 
such  members  of  lower  ranks  as  de¬ 
sire  to  submit  them.selves  to  such  ex¬ 
aminations,  and  it  shall  be  the  duty./ 
of  the  Commission  to  submit  to  the 
appointing  power  the  name  of  the  ap¬ 
plicant  for  such  promotion  having  the 
highest  rating.  The  method  of  ex¬ 
amination  and  the  rules  governing  the 
same  and  the  method  of  certifying 
shall  be  the  same  as  provided  for 
applicants  for  original  appointment. 
Rduoval  and  Discharge  for  Cause 
Only — Reasons  and  Answer — Tem¬ 
porary  Suspension. 

Sec.  io.  No  officer  or  employe  in 
the  classified  Civil  Service  shall  be 
removed  or  discharged  except  for 
cause.  The  rules  of  the  Commission 
shall  provide  that  any  officer  or  em- 


Change  in  Office  or  Coinpensatioii  to 
bo  Reported  to  Commission. 

Sec.  12.  Where  any  office  or  place 
of  employment  is  created,  abolished, 
or  the  compensation  attached  thereto 
altered,  the  authority  making  such 
change  shall  immediately  report  it  in 
writing  to  the  Commission. 

Classified  Service — What  Includes. 

Sec.  13.  The  classified  service  shall 
include  all  officers  and  employes  of 
the  city,  except  those  otherwise  pro¬ 
vided  for  in  this  Charter,  and  except 
common  laborers  whose  work  re¬ 
quires  no  special  skill  or  training  and 
who  are  employed  from  day  to  day, 
and  any  other  employes  for  whose 
appointment  this  Charter  otherwise 
provides. 

Employment  of  Common  Laborers — 
IIoAV  Regulated. 

Sec.  14.  By  a  sysem  of  registra¬ 
tion  or  otherwise  the  Commission 
shall  make  rules  and  regulations  cov¬ 
ering  the  employment  of  common  la- 
liorers  which  shall  require,  so  far  as 
})ossible,  such  employment  to  origi¬ 
nate  on  merit  and  continue  during 


36 


good  behavior,  and  shall  give  pref¬ 
erence  to  residents  of  the  city  who  are 
citizens  of  the  United  States. 

Certain  Acts  Prohibited. 

Sec.  15.  No  person  or  officer  shall 
wilfully  or  corruptly,  by  himself  or  in 
co-operation  with  other  persons,  de¬ 
feat,  deceive  or  obstruct  any  person 
in  respect  to  his  or  her  right  of  ex¬ 
amination  or  promotion,  or  corruptly 
or  falsely  mark,  grade  or  report  upon 
the  examination  or  promotion  or 
proper  standing  of  any  person  exam¬ 
ined,  or  aid  in  so  doing,  or  wilfully 
or  corruptly  make  any  false  repre¬ 
sentation  concerning  the  same  or  con¬ 
cerning  the  person  examined  or  wil¬ 
fully  or  corruptly  furnish  to  any  per¬ 
son  any  special  or  secret  information 
for  the  purpose  of  either  improving 
or  impairing  the  prospects  of  any  per¬ 
son  so  examined  or  to  be  examined, 
of  being  appointed,  employed  or  pro¬ 
moted. 

Commission  to  Receive  No  Gifts  of 

Money  or  Otherwise  from  Inter¬ 
ested  Pci'sons. 

Sec.  16.  No  Civil  Service  Commis¬ 
sioner  shall  receive  any  money  or  other 
valuable  consideration  or  any  present 
of  any  nature  lor  any  purpose  what¬ 
soever  from  any  city  official  or  city 
employe,  or  from  any  candidate  for 
appointment  w  ho  may  have  previous¬ 
ly  taken  an  examination,  or  from  any 
candidate  for  examination.  No  Civil 
Service  Commissioner  shall  receive 
any  money  or  ol  her  valuable  consid¬ 
eration  from  any  other  person  whom¬ 
soever  for  or  on  account  of  the  ap¬ 
pointment  or  proposed  appointment 
or  promotion  or  proposed  promotion 
of  any  other  person. 

Applicants,  Officers  or  Employes  Not 

to  Pay  or  Promise  Money  or  Other 

Valuable  Thing  for  Examinations. 

Sec.  17.  No  applicant  for  exam¬ 
ination  or  appointment  in  said  classi¬ 
fied  Civil  Service  shall  pay  or  prom¬ 
ise  to  pay,  either  directly  or  indirect¬ 
ly,  any  money  or  other  valuable  thing 
to  any  person  whomsoever  for  or  on 
account  of  his  examination,  appoint¬ 
ment  or  proposed  appointment,  and 
no  officer  or  employe  shall  pay  or 
promise  to  pay,  either  directly  or  in¬ 
directly,  to  any  person  any  money  or 
other  valuable  thing  whatever  for  or 
on  account  of  his  promotion. 

Appointments — To  Certify  to  Comp¬ 
troller. 

Sec.  18.  The  Commission  shall  cer¬ 
tify  to  the  Comptroller  all  appoint¬ 
ments  to  offices  and  places  in  the 
classified  Civil  Service.  No  Comp¬ 
troller  or  other  officer  shall  approve 
the  payment  or  be  in  any  manner  con¬ 


cerned  in  paying  any  salary  or  wages 
to  any  person  for  service  as  an  of¬ 
ficer  or  employe  of  such  city  unless 
such  person  is  occupying  an  office  or 
a  place  of  employment  and  is  entitled 
to  payment  therefor  according  to  the 
provisions  of  law.  The  head  of  any 
department  in  which  any  employe 
has  been  removed  or  suspended  shall 
forthwith  report  the  same  to  the 
Comptroller. 

Penalty. 

Sec.  19.  Any  person  who  shall  wil¬ 
fully  or  through  culpable  negligence 
violate  any  of  the  provisions  of  this 
act  or  any  rule  promulgated  in  ac- 
cordance  with  the  provisions  thereof, 
shall  be  guilty  of  a  misdemeanor,  and 
shall,  on  conviction  thereof  be 
punished  by  a  fine  of  not  more 
than  $500  or  by  imprisonment 
in  the  county  jail  for  a  term 
not  exceeding  ninety  days,  or  both, 
in  the  discretion  of  the  court:  Pro¬ 
vided,  that  if  any  person  shall  be 
convicted  under  this  Section,  any  pub¬ 
lic  office  or  place  of  public  employ¬ 
ment  which  such  person  may  hold, 
shall,  by  reason  of  such  conviction, 
be  rendered  vacant,  and  such  person 
shall  be  incapable  of  holding  any  of¬ 
fice  or  place  of  public  employment  for 
a  period  of  five  years  from  the  date 
of  such  conviction. 

Organization  of  Commission — Com¬ 
pensation  of  Commissioners — May 

Employ  Assistance. 

Sec.  2  0.  The  Commission  shall  or¬ 
ganize  biennially  by  the  election  of 
one  of  their  number  as  President,  and 
each  of  the  Commissioners  shall  re¬ 
ceive  an  annual  compensation  of  $100 
per  year  for  their  expenses  in  such 
office.  The  Commission  may  employ 
such  clerical  assistance  as  is  neces¬ 
sary.  A  sufficient  sum  of  money  shall 
be  appropriated  each  year  by  the  city 
to  carry  out  the  provisions  of  this 
Title. 

Retention  of  Present  Officials  and 

Employes  in  the  Classified  Service. 

Sec.  21.  The  Commission  shall 
prescribe  rules  providing  for  the  re-  > 

tention  of  city  officials  and  employes 
who  shall  be  in  office  at  the  time  of 
the  adoption  of  this  Charter  and  who 
come  within  the  classified  service. 

After  the  first  certification  of  reten-  ^ 

tion,  all  such  officials  and  employes 
shall  come  under  the  provisions  of 
this  Charter. 


TITIjE  IX. 

GENERAL  TAXATION. 
Subjects  of  Taxation  Same  as  General 
Law. 

Sec.  1.  The  subjects  of  taxation  for 


general  municipal  purposes  shall  be 
the  same  as  foi  state,  county  and 
school  purposes  under  the  general 
law. 

Assessors  to  Make  and  Complete  As¬ 
sessment  Rolls — Powers  and  Duties. 

Sec.  2.  The  Assessors  shall  make 
and  complete  an  assessment  roll  of 
all  of  the  taxable  property  in  each  of 
the  wards  of  the  city  at  the  time  and 
in  the  manner  and  form  provided  in 
the  general  tax  law  and  upon  such 
roll  shall  assess  at  its  true  cash  valutj 
all  real  and  personal  property  sub¬ 
ject  to  taxation  by  the  laws  of  the 
state.  They  shall  possess  all  the 
powers  vested  in  and  be  charged  with 
all  the  duties  imposed  upon  assessing 
officers  by  the  general  tax  laws  of  the 
state. 

Assessors — Notice  to  Taxpayers  as  to 

Examinations  and  Correction  of 

Assesment  Roll — Return  of  Roll  to 

Council. 

Sec.  3.  It  shall  be  the  duty  of  the 
Assessors  to  cause  to  be  published  in 
two  newspapers  in  said  city,  for  ten 
days,  commencing  thirty  days  prior  to 
the  first  meeting  of  the  Board  of  Re¬ 
view  on  said  roll,  in  each  year,  no¬ 
tice  to  the  taxpayers  that  the  assess¬ 
ment  roll  will  be  open  for  inspection 
and  that  said  Assessors  will  be  in 
their  office  in  the  City  Hall  to  hear 
complaints  upon  the  assessments  in 
said  roll,  for  ten  days,  beginning 
twenty  days  prior  to  said  first  meet¬ 
ing  of  the  Board  of  Review,  and  that 
any  person  considering  himself  ag¬ 
grieved  by  reason  of  any  such  assess¬ 
ment,  may  make  complaint  thereof  to 
said  Assessors.  The  said  Assessors  at 
such  time  shall  reviev/  the  assess¬ 
ments  complained  of,  and  may  alter 
or  correct  the  same  as  to  persons 
charged  thereby,  the  property  de¬ 
scribed  therein  and  the  estimated  val¬ 
ue.  thereof.  After  having  com¬ 
pleted  the  review  and  correction  of 
said  assessment  roll,  the  said  Asses¬ 
sors  shall  sign  the  same  and  add 
thereto  their  certificate  that  the  same 
has  been  duly  completed.  Before  the 
dale  provided  for  the  first  meeting 
of  the  Board  of.  Review,  by  State  law, 
said  Assessors  shall  return  said 
assessment  roll  to  the  Council:  Pro¬ 
vided,  that  in  the  publication  above 
provided  for,  the  Assessors  shall  des¬ 
ignate  the  particular  days  and  dates 
on  which  said  assessn;ent  roll  is  open 
to  the  public  for  exaui imii  ion. 

Board  of  Review — Council  to  Con¬ 
stitute. 

Sec.  4.  After  receiving  said  as¬ 
sessment  roll  from  the  Assessois,  the 
Council  shall  act  thereon  as  a  Board 
of  Review  and,  as  such,  shall  have 


the  powers  vested  in  and  be  charged 
with  the  duties  imposed  upon  Boards 
of  Review  in  townships  or  as  in  this 
Charter  otherwise  provided.  It  shall 
meet  in  the  Council  chamber  on  the 
dates  and  at  the  times  designated  in 
the  State  law  for  the  meeting  of  such 
Township  Boards  of  Review,  and  at 
its  second  meeting  may  continue  in 
session  from  day  to  day,  not  exceed¬ 
ing  five  days,  until  such  review  is 
completed. 

Increased  or  Additional  Assessment — 

Notice  Of. 

Sec.  5.  After  the  first  meeting  of 
the  Board  of  Review,  no  assessment 
shall  be  increased  or  property  added 
to  said  assessment  roll,  except  on 
written  or  printed,  or  partly  written 
and  partly  printed,  notice  to  the  per¬ 
son  to  be  directly  affected  thereby. 
Such  notice,  in  case  of  a  resident  of 
said  city,  shall  be  served  either  per¬ 
sonally  upon  him  or  by  leaving  the 
same  at  his  place  of  abode  with  some 
suitable  person  of  proper  age  and  dis¬ 
cretion,  at  least  two  days  before  such 
action  is  taken  thereon  by  said  Coun¬ 
cil  acting  as  a  Board  of  Review: 
Provided,  that  in  case  of  a  non-resi¬ 
dent  of  said  city,  or  in  case,  service 
cannot  be  made  upon  a  resident  in 
the  manner  above  provided,  such  no¬ 
tice  shall  be  published  in  two  news¬ 
papers  of  said  city  at  least  two  days 
before  any  action  is  taken  by  such 
Council  acting  as  such  Board  of  Re¬ 
view. 

City  Clerk  to  Keep  Records  of  Board 

of  Review,  and  Deliver  Roll  to  As¬ 
sessor.?. 

Sec.  6.  The  City  Clerk  shall  be  the 
Clerk  of  the  Council  acting  as  such 
Board  of  Review;  keep  the  records  of 
its  sessions  and  proceedings,  and  af¬ 
ter  the  review  has  been  completed 
and  the  roll  endorsed  and  signed  as 
provided  by  the  General  Tax  Law  of 
the  State  it  shall  be  his  duty  at  once 
to  redeliver  said  assessment  roll  to 
said  Assessors. 

Meeting;  of  Board  of  Review — Notice 

of — Apportionment  Among;  Wards. 

Sec.  7.  The  Council  shall  provide 
for  the  giving  of  notice  to  the  public 
of  the  time  and  place  of  meeting  of 
the  Board  of  Review.  The  Council 
shall  provide,  in  case  any  assessment 
roll  is  divided  into  separate  rolls  for 
each  ward  of  the  city,  for  a  proper 
apportionment  of  any  tax  to  be  spread 
thereon  among  the  several  wards  of 
the  city. 

A.sscssmcnt  Roll — What  to  Contain — 

How  Collected. 

Sec.  8.  After  the  Board  of  Review 
shall  have  approved  such  assessment 


38 


roll,  the  Assessors  shall  spread  there¬ 
on  the  amount  of  state  and  county- 
taxes,  and  the  same  shall  be  levied, 
collected,  accounted  for  and  returned 
at  the  time  and  in  the  manner  pro¬ 
vided  by  the  general  tax  laws  of  the 
state.  The  City  Treasurer  in  such 
case  shall  act  in  the  same  capacity  as 
Township  Treasurers  under  the  State 
law;  and  he  or  his  employes  shall  be 
in  the  City  Treasurer’s  office  at  all 
hours  between  eight  a.  m.  and  five  p. 
m.  of  every  week  day,  not  a  legal 
holiday,  for  the  purpose  of  receiving 
taxes. 

City  and  School  Taxes — How  Spread 

— City  Tax  Roll. 

Sec.  9.  The  city  and  school  taxes 
shall  be  spread  and  levied  upon  a 
separate  roll,  which  shall  be  known 
as  the  “City  tax  roll,’’  and  be  a  du¬ 
plicate  or  copy,  either  manifold  or 
otherwise,  of  the  assessment  roll  pre¬ 
pared  for  state  and  county  taxation, 
after  the  same  has  been  reviewed  but 
before  the  taxes  have  been  spread 
thereon. 

City  and  School  Taxes — Council’s  Duty 

in  Regard  Thereto. 

Sec.  10.  The  Council  shall  fix  the 
time  within  which  such  City  Tax  Roll 
shall  b^  prepared  and  the  taxes  ex¬ 
tended  thereon,  and  shall  provide  a 
uniform  system  for  the  time,  method 
and  notice  of  the  levy  and  collection 
of  such  taxes,  the  accounting  there¬ 
for,  the  return,  advertisement,  sale 
and  conveyance  of  lands  for  delin¬ 
quent  taxes,  and  the  redemption 
thereof,  together  with  the  amount  of 
collection  fees,  interest  or  penalty  to 
be  added. 

Taxes — When  Become  Lien. 

Sec.  11.  Every  tax  levied  upon  the 
City  Tax  Roll  shall  become  at  once  a 
debt  to  the  city  from  the  person  to 
whom  assessed,  and  from  the  date  of 
the  delivery  of  such  roll  to  the  Treas¬ 
urer  for  collection,  such  tax,  together 
with  all  interest  and  charges,  shall 
be  and  remain,  until  paid,  a  first  lien 
upon  the  real  property  against  which 
the  same  is  assessed.  All  personal 
taxes  shall  become  a  lien  upon  all 
of  the  personal  property  of  such  per¬ 
sons  so  assessed  from  the  same  date, 
which  shall  take  precedence  of  any 
sales,  assignments,  chattel  mortgages, 
levies  or  other  liens  thereon  executed 
or  made  after  said  date,  except  where 
such  property  is  sold  in  the  regular 
course  of  trade. 

Tax  Sales — Conditions  of. 

Sec.  12.  All  sales  for  taxes  of  any 
lands  which  have  been  bid  in  to  the 
state  at  any  tax  sale,  and  upon  which 
such  bid  or  bids  remain  undischarged, 
shall  be  conditioned  upon  the  pay¬ 


ment  of  the  tax  lien  held  by  the  state 
and  the  payment  of  all  taxes  then 
a  lien  upon  the  said  land,  and 
no  purchase  by  the  city  at  any 
such  sale  shall  be  made  without 
the  purchase  of  any  tax  lien  held  by 
the  state. 

Judicial  Decree  Basis  of  Sale. 

Sec.  13.  The  system  of  sales  of  land 
for  delinquent  taxes  prescribed  by  the 
Council  sha.ll  provide  for  a  judicial 
decree  as  a  basis  of  the  sale. 

Unpaid  Taxes — Return  of. 

Sec.  14.  The  Council  may  provide 
by  ordinance  for  the  return  of  all  un¬ 
paid  taxes  upon  real  property  to  the 
County  Treasurer  in  the  same  manner 
and  with  like  effect  as  returns  by 
township  treasurers,  in  which  case 
the  time  and  manner  of  sale,  convey¬ 
ance,  redemption  and  other  pro¬ 
cedures  shall  be  the  same  as  for  state 
and  county  taxes. 

Additional  Bonds  Required  of  Treas¬ 
urer. 

Sec.  15.  Before  any  tax  rolls  are  de¬ 
livered  to  the  City  Treasurer,  the 
Council  shall  require  him  to  give  ad¬ 
ditional  bonds  in  such  form  and 
amount  and  with  such  condition  and 
sureties  as  it  shall  order  and  appprove. 
The  City  Treasurer  shall  give  such 
additional  bonds  to  the  County  of 
Kent  as  are  required  by  law  of  town¬ 
ship  treasurers.  Such  bonds  shall  be 
paid  for  by  the  city. 

Upon  the  giving  of  such  bonds,  the 
City  Treasurer  shall  possess  and  exer¬ 
cise  all  of  the  powers,  duties  and 
functions  with  respect  to  the  collec¬ 
tion  and  return  of  all  taxes  as  are  now 
or  may  be  hereafter  prescribed  for 
township  treasurers.  He  shall  also 
perform  such  other  duties  with  respect 
to  the  collection,  return  of  taxes  and 
sale  of  property  for  taxes,  a.s  may  be 
imposed  upon  him  by  the  Council. 

Procedure  for  Collection  of  City  Taxes 

to  Follow  General  Tax  Law. 

Sec.  16.  Except  as  otherwise  pro¬ 
vided  in  this  Charter,  or  any  ordi¬ 
nance  in  pursuance  thereof,  the  as¬ 
sessment  of  property  taxable  in  the 
city,  the  review  of  assessments,  the 
levy  and.  collection  of  taxes,  the  ac¬ 
counting  for  such  taxes,  the  sale  of 
property  for  unpaid  taxes  and  the  re¬ 
demption  of  property  sold  for  taxes, 
shall  be  made  and  held  at  the  same 
time.  In  the  same  manner  and  with  like 
effect  as  is  now  or  may  be  hereafter 
provided  by  law  for  the  assessment  of 
property,  the  review  of  assessment, 
the  levy  and  collection  of  taxes,  the 
sale  of  property  for  unpaid  taxes  and 
the  redemption  of  property  sold  for 
taxes  for  state  and  county  purposes. 


A 


City  Officials  to  Have  Like  Powers 

and  Duties  as  Township  Offieers. 

Sec.  17.  All  the  powers  and  duties 
of  Supervisors,  Township  Treasurers 
and  Township  Clerks  vested  in  or  im¬ 
posed  upon  them  by  the  general  tax 
laws  of  the  state,  so  far  as  they  may 
be  applicable  under  this  Charter,  are 
hereby  vested  in  and  imposed  upon 
the  Assessors,  the  City  Treasurer  and 
the  City  Comptroller,  respectively. 

.Annual  Tax — Clerk  to  Certify — As¬ 
sessors  to  Apportion. 

Sec.  18.  After  the  Council  shall 
have  determined  the  amount  of  the 
annual  tax  to  be  raised,  the  City  Clerk 
shall  forthwith  certify  the  same,  un¬ 
der  the  seal  of  the  city,  to  the  Asses¬ 
sors.  and  it  shall  be  the  duty  of  the 
Assessors  to  apportion  such  amount 
among-  the  several  wards  of  the  city, 
according  to  the  property  valuation 
appearing  upon  such  assessment  rolls 
as  approved  by  the  Council,  acting 
a  hoard  of  Review. 

Making  and  Delivery  of  City  Tax  Rolls 

— Date  of  Collection. 

Sec.  19.  Upon  receipt  of  such  cer¬ 
tificate  from  the  City  Clerk,  it  shall 
be  the  duty  of  the  Assessors  to  make 
manifold  or  other  copies  of  such  rolls 
and  to  cause  the  amount  of  all  taxes 
authorized  to  be  assessed  and  collect¬ 
ed  in  each  year  to  be  ratably  assessed 
upon  the  property  therein  described 
upon  and  according  to  the  value 
thereof  as  assessed  in  said  assessment 
rolls.  Said  assessment  rolls  shall  be 
knowm  as  “The  City  Tax  Rolls,”  and 
shall  show  in  separate  columns  the 
property  assessed,  the  name  of  the 
person  to  whom  assessed,  the  assessed 
value  and  the  amount  of  the  city, 
highway,  school  and  other  municipal 
taxes.  Said  rolls  shall  be  completed, 
footed,  balanced,  signed,  certified  by 
the  Assessors  and  delivered  to  the 
Treasurer  of  the  city  before  the  date 
fixed  by  the  Council  for  the  collection 
of  such  taxes,  and  the  said  Assessors, 
within  the  time  aforesaid,  shall  annex 
their  warrant  to  each  of  said  city  tax 
rolls,  to  be  signed  by  the  Assessors 
and  directed  to  the  Treasurer,  com¬ 
manding  him  to  collect  from  the  per¬ 
sons  named  in  said  city  tax  rolls  the 
taxes  therein  set  forth,  in  accordance 
with  the  mandate  of  the  law  in  rela¬ 
tion  thereto,  and  take  the  receipt  of 
the  City  Treasurer  therefor.  The  As¬ 
sessors  shall  at  the  same  time  deliver 
to  the  Comptroller  a  statement  show¬ 
ing  the  amount  of  the  taxes  assessed 
upon  eacfi  of  said  rolls,  including 
school  taxes,  and  the  Comptroller 
shall  make  an  entry  thereof  in  the 
books  of  his  office,  and  charge  the 
gross  amount  thereof  to  the  Treas¬ 
urer. 


Collection  Fees  to  Be  Collected  by 

Treasurer  and  Paid  to  City. 

Sec.  20.  All  collection  fees  and 
charges  which  are  now  or  may  here¬ 
after  be,  by  the  general  tax  laws  of 
the  state,  payable  to  the  Township 
Treasurer  to  his  own  use,  and  all  in¬ 
terest  upon  funds  of  the  State,  County 
and  City  received  by  the  City  Treas¬ 
urer  shall  be  collected  and  paid  by 
the  City  Treasurer  to  the  city  for  its 
use. 

Ad\ertising  of  Rolls  and  Collection  by 

Treasurer. 

Sec.  21.  Upon  receipt  of  any  tax 
roll  for  state,  county,  school  or  city 
taxes,  the  Treasurer  forthwith  shall 
give  notice  thereof  for  at  least  ten 
successive  days  in  two  newspapers 
published  and  circulated  in  the  city, 
which  notice  shall  describe  said  tax 
roll,  the  general  nature  of  the  taxes 
thereon  contained,  and  name  the  lo¬ 
cation  of  his  office,  the  time  when 
said  taxes  are  due  and  payable,  the 
days  and  hours  of  collection,  the 
amount  of  penalty  and  when  it  will 
attach  for  non-payment. 


TITLE  X. 

PUBLIC  AND  SPECIAL  I3IPROVE- 
MENTS. 

Waters  and  Water  Fronts — Power  of 

City  in  Regard  to. 

Sec.  1.  The  City  of  Grand  Rapids 
shall  have,  and  it  is  hereby  given  the 
power  to  use,  control  and  regulate  the 
streams,  waters  and  water  courses, 
natural  or  artificial,  within  its  cor¬ 
porate  limits,  and  to  that  end  it  may, 

(a)  Deepen,  widen,  dock,  cover 
wharf,  alter  or  change  the  channels 
of  such  streams,  waters  and  water 
courses,  establish  dock  lines  and  pro¬ 
vide  permanent  flood  protection  by 
walls  or  otherwise; 

(b)  Control  and  regulate  the  use  of 
the  beds,  waters,  chores  and  banks  of 
such  streams,  waters  and  water 
courses  so  as  to  keep  the  same  in 
safe,  sanitary  and  proper  condition  as 
concerns  health,  satcty,  utility  and 
beauty. 

(c)  Acquire  by  purchase,  condemn¬ 
ation  or  otherwise  the  waters,  beds, 
shores  and  banks  of  such  streams, 
water,s  and  water  courses,  and  to  im¬ 
prove,  use  and  maintain  the  same  for 
such  useful  or  ornamental  purposes 
as  may  from  time  to  time  be  deter¬ 
mined  by  the  Council. 

1*0 wcr  of  City  to  Acquire  and  Dispose 

of  IToperty. 

Sec.  2.  The  city,  by  a  two-thirds 
vote  of  the  Councilmen  elected  and 
subject  to  the  provisions  of  this  Char- 


40 


ter  and  the  general  laws,  shall  have 
the  power  to  obtain  by  purchase  or 
gift,  or  to  otherwise  acquire  real  es¬ 
tate  or  other  private  property  within 
or  without  the  city  limits,  and,  when 
acquired,  to  hold,  improve  and  prop¬ 
erly  maintain  the  same  for  parks, 
playgrounds,  cemeteries,  streets,  al¬ 
leys,  driveways,  boulevards,  or  for 
purposes,  incident  thereto,  and  for 
other  uses  or  purposes  within  the 
scope  of  its  powers  heretofore  or  here¬ 
after  granted,  and  it  shall  have  the 
power  to  sell  and  dispose  of  such  real 
estate  or  other  property,  subject  to  the 
same  limitations  and  by  the  same  vote 
of  the  Council. 

Plan  of  Streets  and  Alleys — Council 
May  Adopt — Administrative  Board 
May  Execute. 

Sec.  3.  The  Council  shall  have 
power  to  adopt,  and  the  Administra¬ 
tive  Board  shall  have  power  to  exe¬ 
cute,  a  plan  of  streets  and  alleys  with¬ 
in  the  city  limits  and  for  a  distance  of 
not  more  than  three  miles  beyond'  its 
limits,  or  for  such  other  distance  be¬ 
yond  the  limits  as  may  be  hereafter 
authorized  by  law;  and  to  that  end 
all  plats  shall  be  submitted  to  and  ap¬ 
proved  by  the  Administrative  Board 
before  they  are  filed  for  record. 

Sewers — Right  to  Extend  Beyond  City 
Limits. 

Sec.  4.  The  city  shall  have  the  right 
to  extend  sewers  beyond  the  city  lim¬ 
its,  when  necessary  for  better  sanita¬ 
tion  or  drainage. 

Grade  Crossings — Separation  of. 

Sec.  5.  The  city,  by  ordinance,  shall 
provide  for  a  general  plan  of  separa¬ 
tion  of  streets  from  the  railroads  and 
street  railways  at  grade  crossings 
within  said  city  and  for  the  execution 
of  the  same  under  and  by  the  Admin¬ 
istrative  Board  and  the  proper  depart¬ 
ment  thereof. 

Power  and  Duty  of  Council  as  to  Pub¬ 
lic  Works — Public  and  Special  Im¬ 
provements. 

Sec.  6.  The  Council  shall 

(a)  Determine  the  necessity  for  and 
order  all  public  works  and  public  and 
special  improvements  by  a  vote  of 
five-sixths  of  the  Council  elected,  ex¬ 
cept  where  street  improvements  and 
sewer  extensions  are  ordered  by  the 
Administrative  Board  upon  petition, 
and  shall  make  the  requisite  appro¬ 
priation  and  provide  for  securing  the 
necessary  funds  therefor. 

(b)  Declare  the  same  to  be  a  nec¬ 
essary  public  improvement  at  the  next 
regular  session  after  the  Administra¬ 
tive  Board  shall  have  ordered  any 
street  improvement  or  sewer  exten¬ 
sion. 


(c)  Provide  by  general  ordinance 
the  method  of  petitioning  the  Admin¬ 
istrative  Board  for  the  ordering  of 
any  street  improvement  or  sewer  ex¬ 
tension. 

(d)  Determine  the  character  of  the 
improvement  in  the  cases  in  which  it 
orders  the  improvement,  and  deter¬ 
mine  and  fix  the  district  over  which 
the  assessment  to  pay  the  cost  of  any 
public  or  special  improvement  shall 
be  levied  and  the  amount,  if  any,  of 
the  cost  of  such  public  or  special  im¬ 
provement  which  shall  be  spread  up¬ 
on  the  city  at  large. 

(e)  Specify,  at  the  time  of  declar¬ 
ing  the  necessity  of  any  public  or  spe¬ 
cial  improvement,  whether  the  cost  of 
the  same  shall  in  the  first  instance 
be  met  by  issuing  the  bonds  of  the 
city  therefor  in  anticipation  of  the 
collection  of  the  assessment  to  defray 
the  expense  thereof,  and  in  such  case 
authorize  the  issuing  of  such  bonds. 

Special  Improvements  —  Administra¬ 
tive  Board  May  Order  Upon  Peti¬ 
tion. 

Sec.  7.  The  authority  to  order  street 
improvements  and  sewer  extensions, 
when  petitioned  for  by  property  own¬ 
ers  owning  a  majority  of  the  street 
frontage  to  be  affected  by  the  im¬ 
provement,  and  the  fixing  in  such 
cases  of  the  character  of  the  improve¬ 
ments  to  be  ordered,  is  vested  in  the 
Administrative  Board:  Provided,  that 
when  the  character  of  the  pavement 
for  any  such  street  improvement  shall 
be  named  in  any  such  petition  signed 
by  property  owners  owning  not  less 
than  two-thirds  of  the  street  frontage 
affected  thereby,  that  the  Administra¬ 
tive  Board,  if  it  order  such  improve¬ 
ment  to  be  made,  shall  specify  pave¬ 
ment  of  the  character  named  in  such 
petition. 

Ad",ertising  Bids,  Letting  Contracts — 
Supervising  Public  Works  and  Im¬ 
provements — Declared  to  Be  Ad¬ 
ministrative  Functions. 

Sec.  8.  The  estimating  of  the  cost, 
advertising  for  bids,  letting  and  mak¬ 
ing  of  contracts,  the  carrying  on,  su¬ 
pervision  and  approval  of  the  work 
upon  or  for  any  public  work  or  public 
or  special  improvement  are  hereby 
declared  to  be  administrative  func¬ 
tions  and  vested  in  the  Administrative 
Board:  Provided,  that  in  case  of  any 
contract  involving  the  expenditure  of 
ten  thousand  dollars  or  more,  let  and 
approved  by  less  than  an  unanimous 
vote  of  the  Administrative  Board,  the 
same  shall  be  reported  to  the  Council 
at  its  next  meeting,  and,  if  disap¬ 
proved  by  the  Council  at  the  same  or 
the  next  subsequent  meeting,  shall  not 
take  effect. 


% 


Special  Improvements  —  Assessment 

Districts — Notice  of. 

Sec.  9.  Before  any  special  improve¬ 
ment  is  ordered  or  declared  to  be 
necessarj^,  and  before  any  special  as¬ 
sessment  district  is  fixed,  the  Council 
or  Administrative  Board,  as  the  case 
may  be,  shall  give  notice  and  an  op¬ 
portunity  to  be  heard  thereon  to  all 
persons  liable  to  be  assessed  therefor. 
Such  notice  shall  be  given  in  such 
form  and  manner  as  the  Council  by  or¬ 
dinance  shall  prescribe:  Provided, 

that  notice  by  publication  shall  be 
deemed  sufficient. 

Special  Improvement  Bonds — Amount 
and  Payment  of. 

Sec.  10.  The  aggregate  amount  to 
be  borrowed  in  any  one  year  for  the 
purposes  of  special  improvements  shall 
not  exceed  two-fifths  of  one  per  cent 
of  the  assessed  valuation  of  the  city, 
according  to  the  last  preceding  city 
tax  roll:  Provided,  that  the  total 

amount  of  bonds  authorized  to  be  is¬ 
sued  for  such  purpose  and  outstanding 
at  any  one  time  shall  not  exceed  one 
and  one-quarter  per  cent  of  the  total 
assessed  valuation  of  the  city  accord¬ 
ing  to  the  last  preceding  city  tax  roll. 
Said  bonds  shall  bear  interest  at  a 
rate  not  exceeding  five  per  cent  per 
annum  and  shall  be  made  payable  in 
equal  yearly  amounts  for  a  period  of 
not  exceeding  five  years  from  the  date 
of  issue.  Such  bonds  shall  be  sold  for 
not  less  than  par,  and  the  proceeds  of 
the  same  shall  be  paid  to  the  Treas¬ 
urer,  by  him  to  be  placed  to  the  credit 
of  the  particular  improvement  fund  for 
which  issued.  Said  bonds  shall  be  the 
general  obligation  of  the  city  and  shall 
be  paid  at  or  before  maturity,  and 
shall  not  be  reissued  or  refunded,  and 
any  avails  thereof  shall  be  used  o’^ly 
to  defray  the  expense  of  the  special 
improvement  for  which  they  were 
issued. 

When  and  as  collected  the  install¬ 
ments  of  the  tax  roll  for  the  special 
Improvement,  together  with  the  ac¬ 
crued  interest  thereon,  shall  be  paid 
by  the  Treasurer  into  the  Sinking 
F^nd,  the  same  to  be  credited  to  the 
proper  special  improvement,  and  to  be 
used  only  to  retire  the  bonds  issued 
on  account  of  such  improvement  and 
to  pay  the  interest  thereon. 

Special  As.sessments — Rolls — Notice  of 

Comp’etion — Inspection  and  Appeal 

— Separation  of  Assessment  Rolls. 

Sec.  11.  The  Council  shall  cause  to 
be  transmitted  to  the  Assessors  a  map 
of  the  district  fixed  by  it,  and  a  state¬ 
ment  of  what  part  of  the  cost  of  any 
improvement  Is  to  be  spread  upon  the 
city  at  large,  and  the  Administrative 


Board  shall  transmit  to  the  Assessors 
such  facts  as  they  may  have  and  are 
necessary  to  make  a  proper  assess¬ 
ment;  and  thereupon  the  Assessors 
shall  prepare  an  assessment  roll  which 
shall  contain  the  names  of  the  owners 
and  the  description  of  the  several  par¬ 
cels  of  property  in  the  district  fixed 
by  the  Council  to  be  assessed  for  such 
improvement,  and  upon  such  roll  or 
against  each  of  such  descriptions 
the  Assessors  shall  spread  and  levy 
the  cost  of  such  improvement,  in 
whole  or  in  part,  as  the  Council  may 
determine,  in  proportion,  as  near  as 
may  be,  to  the  advantages  which  each 
such  parcel  shall  be  deemed  to  be 
benefited  by  the  making  of  such  im¬ 
provement.  After  the  assessment  roll 
is  completed,  the  Assessors  shall  give 
notice  to  all  persons  assessed  thereon, 
in  such  manner  as  tne  Council  rnay 
provide,  by  publication  or  otherwise, 
of  the  completion  of  such  roll,  that  the 
same  will  be  open  for  ten  days  for 
public  inspection  and  for  correction 
by  said  Assessors,  and  of  the  time  and 
place  of  the  meeting  of  the  Board  of 
Review  on  such  roll.  Immediately 
after  the  expiration  of  said  ten  days 
such  corrected  roll  shall  be  signed  by 
said  Assessors  or  a  majority  of  them, 
and  returned  forthwith  to  the  Council. 
Assessment  rolls  for  sewer  purposes, 
as  well  as  bond  issues  therefor,  shall 
be  kept  separate  and  distinct  from 
street  improvement  rolls  and  bonds. 
The  exemption  of  any  property  from 
general  taxation  shall  not  amount  to 
an  exemption  of  such  property  from 
taxation  for  special  improvements  un¬ 
der  this  Title. 

Council — Board  of  Review — Hearing 

of  Appeals. 

Sec.  12.  At  its  next  regular  session 
after  the  receipt  of  such  roll  from  the 
Assessors,  the  Council  shall  act  there¬ 
on  as  a  Board  of  Review,  anfi  shall 
continue  to  act  at  such  other  times  as 
may  be  necessary  and  as  it  may 
designate.  Any  person  may  appeal  in 
writing  to  the  Council  acting  as  such 
Board  of  Review  at  any  time  prior  to 
the  opening  of  its  first  session  as  such 
Board  of  Review.  The  Council  as  such 
Board  shall  have  the  power  to  correct 
or  change  the  whole  or  any  part  of 
such  roll  or  to  return  it  to  the  As¬ 
sessors  for  re-assessment,  in  which 
latter  case  it  shall  take  the  same 
course  as  an  original  roll.  The  roll  as 
finally  corrected  and  reviewed  shall  be 
ratified  and  confirmed  by  the  Council 
and  delivered  by  its  Clerk  to  the 
Treasurer  for  collection,  with  proper 
warrant  for  such  purpose  attached 
thereto,  signed  by  the  President  of  the 
Council,  and  attested  in  due  form  by 
the  Clerk. 


42 


liiens,  Return  and  Sale  of  Delinquent 

Proi)crty,  etc. — Council  by  Ordi- 

ance  to  Provide  for. 

Sec.  13.  The  CounciL  by  general  or¬ 
dinance  shall  make  the  necessary  pro¬ 
visions  for  carrying  this  Title  into 
effect,  including  the  time  within  which 
such  rolls  shall  be  prepared  by  the 
Assessors,  the  method  of  transferring 
such  rolls  from  one  office  or  depart¬ 
ment  to  another,  the  notice,  time,  place 
and  manner  of  payment  of  assess¬ 
ments  and  the  return  of  surplus,  if 
any.  It  shall  fix  a  uniform  rate  of  in¬ 
terest  on  deferred  installments,  the 
time  at  which  any  such  assessment 
shall  become  a  lien  upon  the  property 
assessed  and  the  penalty  for  non-pay¬ 
ment,  and  shall  make  provision  for  the 
return,  sale  and  conveyance  of  any 
property  delinquent  for  non-payment 
thereof,  and  for  the  redemption  of 
said  property  after  sale. 

Supplenirntal  Roll. 

Sec.  14.  The  Council  may  provide 
for  th'-  spreading  of  an  additional  as¬ 
sessment  for  any  public  or  special 
improvement,  in  case  it  determines 
that  the  former  assessment  or  assess¬ 
ments  will  not  produce  sufficient 
funds  to  pay  for  sucn  Improvement. 
Such  additional  assessment  shall  be 
spread  upon  a  supplemental  roll  which 
shall  conform  so  far  as  possible  to  the 
original  roll  for  such  improvement, 
and  shall  be  made,  reviewed,  deliv¬ 
ered,  collected,  accountea  for  and  re¬ 
turned  in  the  same  manner  as  the  or¬ 
iginal  roll,  and  all  sales  and  redemp¬ 
tion  of  property  therein  describee 
shall  be  made  in  the  same  manner  as 
the  sales  and  redemption  upon  said 
original  roll. 

Acquiriiio-  Private  Property  for  Public 

Use — Right  of  Condemnation,  etc. 

Sec.  15.  The  Council  shall  by  or¬ 
dinance  provide  for  acquiring,  by  con¬ 
demnation  proceedings  in  a  court  of 
competent  jurisdiction  under  the  gen¬ 
eral  laws  of  the  state,  or  otherwise, 
such  private  property  and  rights  as 
may  be  required  for  any  public 
works,  public  or  special  improvement, 
or  for  any  other  use  or  purpose  within 
the  scope  of  its  powers  heretofore  or 
hereafter  granted:  Provided,  that 

until  the  passage  of  a  valid  ordinance 
for  that  purpose,  the  right  of  eminent 
domain  for  such  purpose  may  be  ex¬ 
ercised  by  the  city  in  the  manner  pro¬ 
vided  for  in  Sections  3392  to  3415,  in¬ 
clusive,  of  the  Compiled  Laws  of  1897, 
as  amended  or  supplemented,  or  any 
other  general  law  which,  so  far  as  the 
same  may  be  applicable,  is  hereby 
adopted  and  made  the  law  of  the  city 
for  such  nurposes. 


Cost  of  Condemned  Property  to  be 

Added. 

Sec.  16.  Whenever  any  property  is 
purchased  by  condemnation  or  other¬ 
wise  for  the  purpose  of  any  special 
improv'^ment,  the  cost  thereof  shall  be 
added  to  the  cost  of  such  special  im¬ 
provement  levied  upon  the  property 
benefited  thereby,  and  collected  ac¬ 
cordingly. 

Delinquent  Taxes— Safi  s  of  Property 

For;  Decree  as  Basis  of  Sale;  Pay¬ 
ment  of  State  and  City  Tax  Liens. 

Sec.  17.  The  sale  of  any  property  ^ 
on  account  of  the  non-payment  of  any 
special  assessment  levied  against  it,, 
shall  be  made  only  upon  decree  there¬ 
for  of  some  court  of  competent  juris¬ 
diction,  upon  petition  praying  for  such 
decree  filed  by  the  Treasurer  in  form 
and  manner  advised  by  the  City  At¬ 
torney,  who  shall  conduct  such  pro¬ 
ceedings  to  a  final  hearing.  Due  no¬ 
tice  of  the  pendency  of  such  petition 
shall  be  given  to  all  persons  interested 
in  any  property  to  be  affected  in  such 
decree  in  like  form  and  manner  as  is 
provided  for  notice  of  like  proceedings 
under  the  general  tax  laws  of  this 
state,  and  such  sale  so  decreed  may 
include  property  which  has  been  as¬ 
sessed  for  any  public  or  special  im¬ 
provement,  whether  made  after  or  be¬ 
fore  this  Charter  goes  into  effect,  and 
against  which  property  there  is  any 
unpaid  assessment  which  has  become 
a  lien:  Provided,  that  no  sales  of  any 
property  for  any  such  assessments 
upon  which  the  state  or  the  city  holds 
a  tax  lien  shall  be  made  to  any  person 
without  the  payment  of  all  such  tax 
liens  nor  to  the  city  without  the  pay¬ 
ment  or  purchase  of  the  tax  liens  held 
by  the  state. 

Assessments  Against  Railroad  Fropert.v 

— Who  Liable  for — How  LiAicd  and 

Collected. 

Sec.  •  18.  All  freight  houses,  road 
beds,  rights  of  way  and  other  prem¬ 
ises  or  property  belonging  to  any 
steam,  electric  or  street  railroad  or 
corporation,  within  the  corporate  lim-  ■» 

its  of  the  city,  which  are  necessarily 
used  in  the  operations,  under  the  re¬ 
spective  fi’anchises,  or  of  the  owners 
of  said  railroads,  and  the  person,  cor¬ 
poration  or  company  owning  the  same  « 

shall  be  liable  for  all  valid  unpaid  as¬ 
sessments  for  public  improvements 
hereafter  made  within  the  city  and 
assessed  against  such  property.  As¬ 
sessments  of  such  property  shall  be 
made  in  the  same  manner  as  that  of 
other  property,  for  special  improve¬ 
ments  under  this  Charter,  and  the  as¬ 
sessment  roll  therefor  shall  be  prima 
facie  evidence  in  any  court  of  the  reg¬ 
ularity  of  all  proceedings  up  to  and 


including  such  assessment  and  the 
making  of  said  roll. 

•Cost  of  Improvement  to  Include  Cost 
of  Estimate.  Plans,  Etc. 

Sec.  19.  The  cost  of  public  and  spe¬ 
cial  improvements  for  which  a  special 
assessment  roll  shall  be  made  shall  in¬ 
clude  the  cost  and  expense  of  making 
estimates,  plans  and  assessments  inci¬ 
dental  thereto. 

Persons  Contributing  Lands  for  Streets 
— Council  May  Relieve  From  Assess¬ 
ment. 

Sec.  20.  In  any  case  where  the 
owner  of  property  liable  to  be  assessed 
to  pay  the  cost  of  a  street  opening  has 
contributed  thereto  a  portion  of  the 
street,  the  Council  may  relieve  such 
person  from  paying  an  assessment  for 
the  purchase  or  condemnation  price  of 
a  like  portion  opposite  that  so  con¬ 
tributed. 

Sewer  Extension.s— -to  be  Construed. 

Sec.  21.  The  term  “sewer  exten¬ 
sions”  shall  be  construed  to  mean  the 
construction  of  new  sewers  and  the 
reconstruction  or  changing  in  any 
material  way  of  existing  sewers. 

TITLE  XI. 

CITY  BONDS — EXCEPT  STREET 
AND  SEWER. 

Public  Improvement  Bonds — When 
and  Row  Issued — Vote  of  Electors. 

Sec.  1.  For  the  purpose  of  making 
public  improvements,  other  than 
street  and  sewer  improvements,  or  for 
any  other  purpose  within  the  scope  of 
its  powers,  the  Council  may  borrow,  on 
the  faith  of  the  city,  such  sum  or 
sums  of  money  as  it  may  deem  ex¬ 
pedient;  for  a  term  of  not  exceeding 
twenty  years  at  a  rate  not  exceeding 
5  per  cent  per  annum;  and  it  may  is¬ 
sue  the  bonds  of  the  city  therefor.  The 
avails  thereof  shall  be  used  for  the 
purpose  for  which  fhe  same  were  is¬ 
sued  and  for  no  other  purpose. 

But  any  such  bonded  indebtedness 
against  the  city  shall  be  void  unless 
approved  by  three-fifths  of  the  quali¬ 
fied  electors  of  the  city  voting  there¬ 
on:  Provided  further,  that  bonds  is¬ 

sued  for  the  purpose  of  renewal  of 
former  bonds  or  loans,  bonds  issued  to 
raise  money  for  the  current  expenses 
of  the  city,  authorized  by  this  Charter, 
street  and  sewer  improvement  bonds, 
school  bonds  and  emergency  bonds  for 
the  purposes  and  within  the  limits 
enumerated  in  Sub.  b  of  Sec.  4  of  Act 
No.  279  of  Public  Acts  of  1909  or  any 
amendment  thereof,  shall  be  valid 
without  such  approval. 

Bonds  for  Ciirrt'ni  Expoiise.s. 

Sec.  2.  For  the  purpose  of  paying 


that  portion  of  the  expenses  and  lia¬ 
bilities  of  the  city  for  the  current  year 
which  the  revenues  thereof  shall  not 
be  sufficient  to  meet  the  Council  may 
issue  the  bonds  of  the  city  for  a  period 
not  longer  than  one  year,  in  such 
form  and  for  such  sum  as  it  shall  di¬ 
rect,  not  exceeding  fifty  thousand  dol¬ 
lars  in  any  one  year,  at  a  rate  of  in¬ 
terest  not  exceding  five  per  cent  per 
annum,  to  be  signed  by  the  Mayor  and 
countersigned  by  the  Comptroller,  and 
with  the  seal  of  the  city  affixed  there¬ 
to.  Such  bonds  shall  be  disposed  of  un¬ 
der  the  direction  of  the  Council,  and 
upon  such  terms  as  it  shall  deem  ad¬ 
visable,  but  for  not  less  than  their 
par  value,  and  the  avails  thereof 
shall  be  applied  only  to  the  purposes 
mentioned  in  this  section.  The  amount 
so  borrowed  shall  be  assessed  and  col¬ 
lected  in  the  general  assessment  roll 
for  the  ensuing  year. 

Emergency  Ronds, 

Sec.  3.  In  case  of  fire,  flood  or  other 
calamity,  the  Council  may  borrow  for 
the  relief  of  the  inhabitants  of  the  city 
or  for  the  preservation  of  municipal 
property,  a  sum  not  to  exceed  one- 
fourth  of  one  per  cent  of  the  assessed 
value  of  all  real  and  personal  property 
in  the  city,  and  issue  bonds  therefor 
due  in  not  more  than  three  years. 

TITLE  XII. 

BOARD  OF  SINKING  FUND  COM¬ 
MISSIONERS. 

31embei's  of  Board. 

Sec.  1.  The  Mayor,  Comptroller, 
Clerk.  Treasurer  and  the  President  of 
the  Council,  together  with  two  electors 
who  shall  be  citizens  and  free-holders 
of  said  city  and  be  appointed  by  the 
Mayor,  on  the  first  Monday  in  May 
after  his  election,  or  as  soon  there¬ 
after  as  practicable,  and  each  of  whom 
shall  hold  office  for  two  years,  shall 
act  cs  a  Board  of  Sinking  Fund  Com¬ 
missioners,  without  compensation. 

Powers  and  Duties  of  Board. 

Sec.  2.  The  Board  of  Sinking  Fund 
Commissioners,  from  time  to  time,  and 
upon  terms  satisfactory  to  it,  shall 
purchase  or  pay  the  bonded  indebted¬ 
ness  of  the  City  or  such  part  thereof 
as  it  may  be  able  so  to  do.  Whenever 
said  board  is  not  able  to  purchase  or 
pay  said  debt,  or  any  part  thereof,  it 
may  invest  temporarily  by  unanimous 
vote  to  be  recorded  in  its  minutes,  any 
moneys  in  such  Sink'ng  Fund  in  ir 
terest  bearing  municipal  bonds  or  in 
other  bonds  or  securities  which  consti¬ 
tute  a  legal  investment  for  savings 
banks  in  the  State.  All  bonds  and  evi¬ 
dences  of  debt  so  purchased  shall  be 
delivered  to  the  Treasurer  and  shall 
become  and  be  the  property  of  the 


44 


city,  and  be  held  and  controlled  by 
said  Board  of  Sinking  Fund  Commis¬ 
sioners.  The  interest  on  such  bonds 
and  evidences  of  debt  shall  be  cred¬ 
ited  and  belong  to  said  Sinking  Fund. 
The  Treasurer  shall  endorse  upon  the 
back  of  all  bonds  so  purchased  by 
the  Sinking  Fund  Commissioners  the 
following:  “Registered  bonds  not 

transferable  without  the  written  con¬ 
sent  of  the  Mayor.  Comptroller  and 
Treasurer  endorsed  hereon.”  Such 
bonds  shctll  be  transferred  and  sold 
only  under  the  direction  of  the  Board 
of  Sinking  Fund  Commissioners.  In 
making  temporary  investments  of  the 
moneys  of  the  Sinking  Fund  the  said 
Board  shall  give  preference  to  bonds 
of  this  city,  but  may  sell  such  bonds 
and  apply  the  proceeds  thereof  to  the 
purchase  or  to  the  payment  of  other 
bonds  of  this  city,  whenever  such  ac¬ 
tion  is  deemed  advisable.  Whenever 
the  Council  shall  transfer  funds  to  said 
Sinking  Fund  for  temporary  invest¬ 
ment,  the  same  shall  be  invested  by 
said  Commissioners  by  loan  or  pur¬ 
chase  of  the  bonds  of  said  city,  and 
not  otherwise. 

Board  to  Have  Control  of  Sinking 

Fund,  Etc. 

Sec.  3.  The  Board  of  Sinking  Fund 
Commissioners  shall  have  exclusive 
control  of  the  moneys  of  the  Sinking 
Fund,  and  whenever  possible  and  when 
it  may  appear  to  the  city’s  interest, 
shall  faithfully  apply  the  same  to  the 
payment  of  the  principal  and  interest 
of  the  bonded  indebtedness  of  this 
city,  and  to  no  other  purpose  whatso¬ 
ever,  except  as  herein  otherwise  pro¬ 
vided.  The  Board  may  invest,  tem¬ 
porarily.  any  portion  of  the  Sinking 
Fund  in  so-called  street  improvement 
bonds  of  the  city,  but  no.  portion  of 
the  Sinking  Fund  shall  be  applied  to 
the  payment  of  any  of  such  bonds. 

l^Ieetings  of  Hoard — Yea  and  Nay  Vote 

— City  Clerk  to  be  Clerk  of  Board 

and  Keep  Record. 

Sec.  4.  The  Board  of  Sinking  Fund 
Commissioners  shajl  meet  at  such 
times  as  it  may  determine,  for  the 
transaction  of  business,  and  it  may 
adopt  rules  of  procedure  for  its  meet¬ 
ings.  A  majority  of  the  whole  Board 
shall  be  a  quorum  for  the  transaction 
of  business.  It  shall  not  purchase  or 
pay  the  outstanding  debt  of  said  city, 
or  invest  any  of  the  moneys  belonging 
to  the  Sinking  Fund,  except  under  a 
resolution  for  such  purpose  passed  and 
approved  by  a  five-sevenths  vote  of 
the  whole  Board,  by  a  yea  and  nay 
vote,  entered  of  record  at  a  regular 
meeting,  or  at  a  special  meeting  called 
for  that  purpose.  The  Mayor  of  said 
city,  or  in  case  of  his  absence,  some 
member  to  be  designated  by  those 


present,  shall  preside  at  the  meeting 
of  said  Board.  The  City  Clerk  shall 
be  the  Clerk  of  said  Board,  and  it  shall 
be  his  duty  to  keep  and  preserve  on 
file  in  his  office  a  true  record  of  all 
meetings  of  said  Board. 

Treasurer  to  Have  Custody  of  All 
Moneys.  Etc.  Funds — How  Paid 
Out. 

Sec.  5. — The  Treasurer  shall  have 
custody  of  all  moneys,  securities  and 
evidences  of  debt  belonging  or  apper¬ 
taining  to  the  Sinking  Fund.  He  shall 
pay  out  the  moneys  of  said  fund  only 
by  order  of  the  Board  of  Sinking  Fund 
Commissioners,  on  a  five-sevenths  vote 
of  the  members  thereof,  and  upon  the 
warrant  of  the  Comptroller,  counter¬ 
signed  by  the  Mayor  and  Treasurer. 
The  official  bond  of  the  City  Treasurer 
shall  cover  any  and  all  funds  in  his 
hands  or  under  his  control  belonging 
to  the  Sinking  Fund. 

When  not  invested  the  money  con¬ 
stituting  the  Sinking  Fund  shall  be 
kept  in  an  approved  depositary  to  be 
withdrawn  only  upon  checks  counter¬ 
signed  by  the  Comptroller,  Mayor  and 
Treasurer. 

Bond  of  Treasurer’s  Depositary. 

Sec.  6.  Such  Board  shall  require 
proper  and  sufficient  bonds  from  the 
person  or  institution  in  whose  actual 
custody  any  of  its  money  or  property 
may  be. 

Tax  for  Benefit  of  tlie  Sinking  Fund. 

Sec.  7.  At  least  one-fifth  of  a  mill 
on  a  dollar  upon  the  assessed  valua¬ 
tion  of  the  real  estate  and  personal 
property  of  the  city  shall  be  placed 
annually  in  said  Sinking  Fund,  to  be 
applied  exclusively  to  the  payment  of 
the  principal  of  the  bonds  of  the  city 
other  than  water  bonds,  school  bonds 
and  street  and  sewer  improvement 
bonds. 

Freniium.s  and  Interest  to  Go  to  Sink¬ 
ing  und. 

Sec.  8.  Whenever  any  bonds  of  the 
city  shall  be  sold  for  more  than  par 
value  thereof,  all  of  the  premiums  or 
amount  received  at  such  sale  more 
than  the  face  value  of  the  bonds  so 
sold,  not  including  interest  accrued 
upon  such  bonds  that  may  be  paid  by 
the  purchaser,  shall  be  credited  and 
belong  to  the  Sinking  Fund.  All  of 
the  interest  paid  to  the  city,  by  the 
city  depositary  or  other  depositaries, 
or  on  account  of  any  securities  pur¬ 
chased  for  the  Sinking  Fund,  shall  be 
credited  and  belong  to  said  Sinking 
Fund. 

Relative  to  Pavment  of  Water  Bonds 
and  Interest  Thereon. 

Sec.  9. — From  the  gross  income  re¬ 
ceived  from  the  sale  of  water  fur- 


45 


nished  by  the  city’s  water  works  there 
shall  be  paid  fifty  (50)  per  cent  there¬ 
of  to  the  Board  of  Sinking  Fund  Com¬ 
missioners;  Provided,  that  this  per¬ 
centage  may  be  temporarily  increased 
by  the  unanimous  vote  of  the  entire 
A-dministrative  Board.  From  such 
moneys  so  received  said  Board  shall 
pay  at  maturity  the  current  interest 
*  of  the  water  bonds  issued  by  said  city, 
and  the  remainder  of  said  money  shall 
be  kept  separate  from  other  funds  and 
invested  by  said  Board  under  the  limi¬ 
tations  provided  in  this  Title,  for  the 
i  purpose  of  creating  a  special  sinking 
fund,  the  moneys  of  which  are  to  be 
applied  to  the  payment,  so  far  as  pos¬ 
sible,  of  the  principal  of  the  so-called 
water  bonds  of  said  city. 

Sinkin?"  Fund  for  Payment  of  School 

Bonds. 

Sec.  10.  There  shall  be  placed  in 
the  budget  of  the  Board  of  Education 
of  said  city  a  sufficient  amount  to  pay 
the  interest  upon  the  school  bonds, 
and  such  amount  for  each  year  as  may 
be  recommended  by  the  Board  of  Edu¬ 
cation  on  approval  of  the  Council,  or 
as  may  be  determined  to  be  necessary 
by  the  Council,  to  be  paid  to  sa  d 
Sinking  Fund  Commissioners  to  cre¬ 
ate  a  Sinking  Fund  to  be  applied  to 
the  payment  of  the  principal  of  the 
bonded  indebtedness  of  the  Board  of 
Education  as  the  same  matures. 

Cemetery  Funds. 

Sec.  11. — There  shall  be  paid  to  the 
Board  of  Sinking  Fund  Commission¬ 
ers  fifteen  per  cent  of  the  gross  re¬ 
ceipts  of  the  cemeteries  of  the  city, 
other  than  the  receipts  for  the  per¬ 
petual  care  of  lots  in  such  cemeteries, 
and  such  further  and  other  sums  as 
may  be  determined  upon  from  time  to 
time  by  a  majority  vote  of  the  Ad¬ 
ministrative  Board,  which  moneys 
shall  be  invested  by  said  Board  of 
Sinking  Fund  Commissioners  under 
the  provisions  of  this  Charter.  A  sep¬ 
arate  account  shall  be  kept  of  the 
funds  of  each  cemetery  and  the  earn¬ 
ings  from  these  funds  shall  be  ex- 
>  pended  only  for  the  maintenance  of 
such  cemeteries.  From  the  funds  ac¬ 
cumulated  from  any  cemetery  here¬ 
after  acquired,  there  may  be  taken 
and  paid  to  the  city  an  amount  suf- 
f  ficient  to  pay  the  principal  and  inter¬ 
est  of  any  moneys  advanced  by  the 
city  for  the  purchase  or  improvement 
of  such  cemeterv.  The  interest  on  all 
such  sums  shall  be  expended  for  ceme¬ 
tery  purposes  or  left  with  the  Sinking 
Fund  Commissioners  to  be  added  to 
such  fund  in  the  discretion  of  the  Ad¬ 
ministrative  Board.  The  moneys  and 
property  received  by  the  city  for  the 
perpetual  care  of  cemetery  lots  shall 
be  placed  in  a  .separate  fund  in  care 
of  said  Board  of  Sinking  Fund  Com¬ 


missioners.  and  invested  by  said  board 
under  the  limitations  provided  in  this 
Title,  the  interest  thereof  to  be  used 
for  the  care  of  the  lots  on  which  such 
payments  have  been  made,  said  Board 
to  carry  out  the  trust  imposed  on  it 
by  law. 

Investment  of  Other  Funds — Improve¬ 
ment  Bonds  Preferred. 

Sec.  12.  The  Board  of  Sinking 
Fund  Commissioners,  subject  to  the 
approval  of  the  Mayor,  shall  invest 
such  other  funds  as  shall  be  intrusted 
to  it  from  time  to  time  by  the  Council, 
and  said  funds  shall  in  all  respects  be 
subject  to  the  provisions  of  this  Title. 
In  the  investment  of  such  funds  pref¬ 
erence  shall  be  given  to  public  im¬ 
provement  bonds,  to  be  repaid  out  of 
the  first  installment  of  bonds  issued 
against  the  same.  Such  bonds  shall 
be  actually  delivered  to  said  Board  of 
Sinking  Fund  Commissioners,  or.  in 
lieu  thereof,  temporary  interest  bear¬ 
ing  bond  certificates  may  be  accepted, 
and  said  bonds  shall  be  held  until  paid 
or  until  the  same  are  sold  with  the 
balance  of  said  issue  to  other  pur¬ 
chasers. 

Power  to  Collect  Bonds  by  Suit. 

Sec.  13.  The  Board  of  Sinking 
Fund  Commissioners  may  adopt  rules 
not  in  conflict  with  this  Charter,  and 
it  is  hereby  authorized  for  the  purpose 
of  enforcing  the  collection  of  any 
bonds  or  securities  taken  by  it.  to 
bring  suit  in  the  name  of  the  City  of 
Grand  Rapids  in  any  court  of  com¬ 
petent  jurisdiction.  The  City  Attorney 
shall  act  for  such  Board. 


TITLE  XIII. 

BOARD  OF  LIBRARY  COMMIS¬ 
SIONERS. 

Term  of  Office. 

Sec.  1.  At  each  annual  election 
after  the  adoption  of  this  Charter,  one 
Library  Commissioner  shall  be  elected 
to  hold  office  for  five  years  and  until 
his  successor  is  elected  and  qualified. 
Notice  of  the  election  of  such  Com¬ 
missioners  shall  be  given  in  the  same 
manner  as  that  of  members  of  the 
Board  of  Education. 

Members  of — Control  of  Library. 

Sec.  2.  The  five  Library  Commis¬ 
sioners  so  elected  with  the  Superin¬ 
tendent  of  Schools,  and  their  succes¬ 
sors,  shall  constitute  the  Board  of  Li¬ 
brary  Commissioners  of  the  City  of 
Grand  Rapids,  the  Superintendent  of 
Schools  having  the  same  right  to  vote 
on  any  matter  coming  before  the 
Board  as  the  other  members  thereof. 
Such  Board  '■'-nil  have  the  entire  man- 
ngement  and  control  of  the  Public  Li¬ 
brary  of  said  city  being  the  District 
Library,  and  of  all  property  and  as- 


sets  belonging  thereto,  real  or  per¬ 
sonal,  the  title  to  which  is  now  vested 
in  the  Board  of  Education,  and  which 
is  devoted  to  or  intended  for  library 
purposes. 

Elections,  Etc. 

Sec.  3.  The  election  of  members  of 
said  Board  shall  be  upon  the  same 
ballot  and  in  the  same  box  as  the  elec¬ 
tion  of  the  members  of  the  Board  of 
Education.  All  persons  eligible  to  vote 
for  school  officers  shall  be  eligible  to 
vote  for  Library  Commissioners.  The 
result  of  the  vote  shall  be  canvassed 
and  declared  in  the  same  manner  as  in 
the  case  of  city  officers.  Except  as 
herein  otherwise  'provided,  the  election 
of  Library  Commissioners  shall  be 
governed  by  the  same  rules  as  the 
election  of  members  of  the  Board  of 
Education. 

Wlio  Eligible  to  Election  as  Library 
Commissioner. 

Sec.  4.  Any  qualified  voter  at 
school  elections  in  the  city  shall  be 
eligible  to  election  as  Library  Com¬ 
missioner.  Nominations  shall  _  be 
made  in  the  same  manner  as  nomina¬ 
tions  for  members  of  the  Board  of 
Education,  and  nominating  petitions 
Shan  be  signed  by  not  less  than  one 
hundred  qualified  school  electors. 
Vacancies. 

Sec.  5. — In  case  of  the  death,  resig¬ 
nation  or  rem.oval  from  the  city  of  any 
Commissioner,  his  position  shall  be¬ 
come  vacant  and  the  vacancy  shall  be 
filled  by  election  by  the  remainder  of 
the  Board,  but  for  a  term  continuing 
only  until  the  next  election  for  Li¬ 
brary  Commissioners,  at  which  time 
his  successor  for  the  unexpired  term 
shall  be  nominated  and  elected  in  the 
manner  herein  provided. 

Members  to  Serve  Without  Compensa¬ 
tion — Organization  of  Board — City 
Treasurer  Custodian  of  Funds — Al¬ 
lowance  of  Bills. 

Sec.  6.  No  member  of  such  Board 
shall  receive  any  compensation  for  his 
services  in  connection  therewith.  An¬ 
nually  on  the  first  Monday  of  May  the 
Board  shall  organize  by  electing  one 
of  its  members  President  and  one  of 
its  members  Secretary.  The  City 
Treasurer  of  the  City  of  Grand  Rap¬ 
ids  shall  hold  the  funds  of  said  Li¬ 
brary  Commission,  and  all  bills  in¬ 
curred  by  it  shall  be  allowed  by  said 
Board  and  certified  by  it  to  the  City 
Comptroller  to  be  audited  by  him  and 
paid  from  the  Library  Fund. 

Librarian,  Etc.  —  Employment,  Sal¬ 
aries. 

Sec.  7.  The  Board  may  employ  in 
its  management  of  said  library  such 
Librarian,  assistants,  janitors  and 


other  employes  or  workmen  as  it 
may  determine  and  fix  their  salaries: 
Provided,  however,  that  such  Li- 
rarian  and  employes  shall  be  appoint¬ 
ed  from  persons  certified  by  the  Civil 
Service  Commission  as  eligible  under 
its  rules  and  shall  hold  office  during 
good  behavior  and  efficient  service  or 
until  they  shall  resign  or  be  removed 
in  accordance  with  the  Civil  Service 
rules  and  regulations  in  this  Charter 
provided.  It  may  purchase  such 
books,  charts,  maps,  and  apparatus 
for  the  use  of  the  library  as  it  may 
find  necessary,  and  may  do  every  act 
and  thing  necessary  to  maintain  the 
library  building  and  grounds  and  in¬ 
crease  the  usefulness  of  such  library. 
For  this  purpose  it  may  estab¬ 
lish  and,  from  time  to  time  alter, 
amend  or  repeal  rules  and  regulations 
in  any  manner  not  inconsistent  with 
this  Title. 

Fines  and  Penalties  to  Go  to  Library. 

Sec.  8.  All  fines  and  penalties 
which  by  law  are  devoted  to  library 
purposes  and  which  now  by  law  are 
paid  to  the  Board  of  Education  for 
such  purposes,  shall  instead  thereof 
be  paid  into  the  City  Treasury  for 
the  purposes  of  the  Board  created  by 
this  Title. 

Gifts  to  Board  for  Library. 

Sec.  9.  Said  Board  of  Library 
Commissioners  is  hereby  authorized 
to  receive  gifts,  devises  or  bequests 
of  real  or  personal  estate,  as  trustees 
for  the  Board  of  Education,  for  the 
library  or  any  matters  connected 
therewith,  and  the  said  Board  is  here¬ 
by  authorized  to  carry  out  in  connec¬ 
tion  with  any  such  gifts  any  trust  or 
trust  conditions  that  may  be  at¬ 
tached  thereto,  in  the  same  manner  as 
any  other  trustee.  All  such  gifts,  de¬ 
vises  or  bequests  for  the  benefit  of 
the  said  library,  shall  be  subject  to 
the  same  control  and  management  by 
the  said  Board  of  Library  Commis¬ 
sioners  as  the  original  library  com¬ 
mitted  to  its  care. 

Funds  for  Support  of  Library. 

Sec.  10.  There  shall  be  placed  in 
the  budget  annually  for  the  support 
of  the  library  and  the  running  ex¬ 
penses  thereof,  two-fifths  of  a  mill  on 
a  dollar  of  the  assessed  value  of  the 
property  of  the  City  of  Grand  Rap¬ 
ids,  and  such  further  sum  as  may  be 
determined  by  the  Council  in  making 
up  its  budget  from  year  to  year.  The 
Council  may  provide  from  time  to 
time  temporary  funds  for  the  purpose 
of  such  Board,  in  such  manner  and 
in  such  amount  as  it  determines  to  be 
necessary. 

Enforcement  of  Rights,  etc. 

Sec.  11.  Whenever  necessary  for 
the  enforcement  of  the  powers,  rights 


47 


and  privileges  conferred  upon  said 
Board,  it  may  in  the  name  of  the  City 
of  Grand  Rapids  institute  in  any 
court  of  competent  jurisdiction  an  ac¬ 
tion  at  law  or  equity  to  protect  the 
property  placed  in  its  charge,  or  to 
enforce  the  powers,  rights  and  priv¬ 
ileges  hereby  given  to  such  Board, 
and  shall  be  represented  therein  by 
^  the  City  Attorney  of  said  city. 

TITLE  XIV. 

BOARD  OF  ART  AND  MUSEUM 
t  COMMISSIONERS. 

Members — How  Appointed — Term  of. 

Sec.  1.  There  shall  be  a  Board  of 
Art  and  Museum  Commissioners  con¬ 
sisting  of  the  Superintendent  of 
Schools  and  five  other  persons,  to  be 
appointed  by  the  Mayor,  on  the  first 
Monday  of  May  after  his  election,  or 
as  soon  thereafter  as  practicable,  one 
of  whom  may  be  a  non-resident  of 
the  city.  Women  shall  be  eligible  to 
serve  upon  this  Board.  In  making 
the  first  appointment  hereunder,  the 
respective  appointees  shall  be  se¬ 
lected  for  such  terms  as  may  be  nec¬ 
essary  to  constitute  a  Board  wherein 
one  member’s  term  shall  expire  at  the 
end  of  one  year,  one  at  the  end  of 
two  years,  one  at  the  end  of  three 
years,  one  at  the  end  of  four  years, 
and  one  at  the  end  of  five  years.  The 
full  term  of  each  member  of  the 
Board  thereafter  appointed  shall  be 
five  years.  The  Superintendent  of 
Schools  shall  be  ex-officio  member  of 
the  Board  and  entitled  to  vote. 

Control  of  Property. 

Sec.  2.  The  Board  shall  have  the 
management  and  control  of  the  mu¬ 
seum,  heretofore  under  the  control 
of  the  Library  Commissioners,  and  of 
all  property  and  assets  belonging 
thereto  or  intended  to  be  used  there¬ 
with,  real  or  personal,  and  of  all 
property  belonging  to  the  City  or  Board 
of  Education  intended  for  or  devoted  to 
art  or  an  Art  Gallery  or  similar  pur¬ 
poses,  and  all  property  which  shall 
^  hereafter  be  purchased,  donated, 
loaned,  or  otherwise  belong  to,  or  be 
used  in  connection  with  said  Museum 
or  Art  Gallery. 

^  Members  to  Serve  Without  Compen¬ 
sation — Organization  of  Board — City 
Treasurer  Custodian  of  Funds — 
— Allowanee  of  Bills. 

Sec.  3.  No  member  of  such  Board 
shall  receive  any  compensation  for 
his  or  her  services  in  connection 
therewith.  Annually  on  the  first 
Monday  in  May,  or  as  soon  thereafter 
as  practicable,  the  Board  shall  or¬ 
ganize  by  electing  one  of  its  members 
President  and  one  of  its  members  Sec¬ 


retary.  The  City  Treasurer  shall  hold 
the  funds  of  said  Board  and  all  bills 
incurred  by  it  shall  be  allowed  by  said 
Board  hnd  certified  to  the  "City  Comp¬ 
troller  to  be  audited  by  him. 

Superintendents,  etc — Employment  of 

— Salaries. 

Sec.  4.  It  shall  be  the  duty  of  the 
Board  to  appoint  and  employ  such 
Superintendent  and  other  employes 
as  the  economical  and  efficient  ser¬ 
vice  of  this  department  shall  require, 
and  to  prescribe  and  fix  their  duties 
and  compensation,  subject  to  the  ap¬ 
proval  of  the  Council:  Provided, 
however,  that  such  Superintendents 
and  employes  shall  be  appointed 
from  persons  certified  by  the  Civil 
Service  Commission  as  eligible  under 
its  rules  and  shall  hold  office  during 
good  behavior  and  efficient  service 
or  until  they  shall  resign  or  be  re¬ 
moved  in  accordance  with  the  Civil 
Service  rules  and  regulations  in  this 
Charter  provided. 

Gifts  to  Board. 

Sec.  5.  Said  Board  is  hereby  au¬ 
thorized  to  receive  loans,  gifts,  de¬ 
vises  and  bequests  of  property,  both 
real  and  personal,  as  Trustees  for  the 
Board  of  Education  or  the  City  in 
connection  with  either  said  Museum 
or  Art  collection;  and  it  may  carry 
out  any  trust  or  trust  conditions  that 
may  be  attached  to  such  loans,  gifts, 
devises  and  bequests,  in  the  same 
manner  as  might  any  other  trustee: 
Provided,  that  in  case  of  the  gift  or 
devise  of  real  estate,  it  shall  be  ac¬ 
cepted  only  after  the  approval  of  the 
Council.  All  such  additions  to  the 
property,  either  real  or  personal,  shall 
be  under  the  management  and  con¬ 
trol  of  the  Board. 

Funds  for  Support. 

Sec.  6.  There  shall  be  placed  in 
the  budget  annually  to  defray  the  ex¬ 
penses  of  conducting  the  Museum  and 
Art  Gallery,  a  sum  which  shall  be 
annually  appropriated  by  the  Coun¬ 
cil. 

Enforcement  of  Rights. 

Sec.  7.  If  at  any  time  it  shall  be¬ 
come  necessary  to  institute  or  defend 
a  suit  or  suits  in  any  court,  for  en¬ 
forcing  the  rights,  powers  and  priv¬ 
ileges  of  the  said  Board,  or  to  protect 
the  property  placed  in  its  charge,  it 
may  cause  suit  therefor  to  be  brought 
and  prosecuted  in  the  name  of  either 
the  City  of.  Grand  Rapids  or  the 
Board  of  Education  of  the  city.  The 
City  Attorney  shall  act  for  the  Board. 
Title  to  Property — Holding  and  Man¬ 
aging  Board. 

Sec.  8.  The  Board  hereby  created  is 
intended  to  be  a  holding  and  inanag- 


48 


ing  board  and  not  to  take  title  to  any 
property  except  as  trustee,  either  for 
the  Board  of  Education  or  the  City  of 
Grand  Rapids  or  other  owner  of  the 
property.  The  title  to  all  property  now 
held  by  either  the  City  or  the  Board 
of  Education  shall  remain  as  now 
vested,  and  the  equitable  title  to 
property  hereafter  received  to  be 
either  in  the  City  or  the  Board  of 
Education  as  the  gift,  bequest  or 
conveyance  thereof  shall  determine. 


TITLE  XV. 

HOUSE  OF  CORRECTION. 

Council  3Iay  Provide  for. 

Sec.  1.  The  Council,  by  ordinance 
may  provide  for  the  establishment 
and  maintenance  by  the  city  of  a 
house  of  correction. 

How  Governed  and  Maintained. 

Sec.  2.  Said  institution  when  es¬ 
tablished  shall  conform  to  the  general 
state  law  and  be  governed,  conducted 
and  maintained  in  the  manner  there¬ 
in  provided,  and  when  established  the 
Council  shall  have  the  authority  over 
such  institution  and  over  the  appoint¬ 
ment  and  control  of  the  officers  and 
employes  thereof,  as  is  or  shall  be 
vested  in  it  by  Act  278  of  the  Public 
Acts  of  1911,  or  any  amendment 
thereof. 

Referendum. 

Sec.  3.  The  questions  whether 
such  institution  shall  be  provided  for 
and  maintained  in  said  city  and  of 
raising  the  necessary  funds  for  instal¬ 
lation  shall  first  be  submitted  to  and 
approved  by  three-fifths  of  the  quab 
ified  electors  of  the  city  voting  there¬ 
on,  and  upon  such  propositions 
women  tax  payers  having  the  qualifi¬ 
cations  of  male  electors  shall  be  en¬ 
titled  to  vote. 

TITLE  X\  I. 

LICENSES. 

Intoxicating  Liquors — Places  of  Sale 

— Council  May  Regulate. 

Sec.  1.  The  Council  shall  have 
authority  to  restrain,  license,  and 
regulate  saloons  or  other  places 
where  intoxicating,  spirituous,  malt, 
brewed,  vinous,  or  fermented  liquors 
are  sold,  furnished  or  given  away,  and 
to  prescribe  the  location  thereof. 

District  Wherein  Liquor  May  be  Sold 

or  Furnislied — Council  to  Fix. 

Sec.  2.  The  Council  shall  fix  and 
prescribe  by  ordinance,  from  time  to 
time  the  district  within  which  sa¬ 
loons  and  bars  where  such  liquors  are 
furnished,  sold  at  retail,  or  given 


away  may  be  located;  and  no  such 
district,  after  it  has  once  been  fixed, 
shall  be  extended  except  upon  a  three- 
fourths  vote  of  the  members  of  the 
Council  elected. 

License  Fees — Council  to  Fix. 

Sec.  3.  The  Council  shall  fix  by  or¬ 
dinance  the  city  license  fees  that  shall 
be  charged  and  paid  for  the  privilege 
of  manufacture,  sale  or  other  disposi¬ 
tion,  of  any  such  liquors. 

License — Wlien  and  How  Obtained. 

Sec.  4.  No  person  shall  engage  in 
the  business  of  manufacturing,  selling 
at  wholesale  or  retail  or  otherwise 
disposing  of,  any  intoxicating,  spirit¬ 
uous,  malt,  brewed,  vinous,  or  fer¬ 
mented  liquors  until  he  shall  ,  have 
first  been  granted  a  license  therefor  by 
a  two-thirds  vote  of  the  members  of 
the  Council  elected.  Said  license  shall 
fix  the  location  of  such  business. 

No  license  shall  be  issued  to  any 
such  person  for  the  manufacture,  sale, 
or  disposition  of  any  such  liquors  un¬ 
til  he  shall  have  first  complied  with 
the  state  law  and  all  city  ordinances 
and  until  he  shall  have  paid  the  state 
tax  and  all  license  fees  provided  for 
by  ordinance. 

Every  application  for  license  shall 
be  first  filed  with  the  Department  of 
Health  and  Safety  and  by  it  shall  be 
investigated  and  transmitted  to  the 
Council  with  the  recommendation 
endorsed  thereon  of  the  Superintend¬ 
ent  of  Police.  In  case  the  recom¬ 
mendation  of  the  Superintendent  of 
Police  be  adverse  to  the  granting  of 
such  license,  such  license  shall  not  be 
granted  except  by  a  five-sixths  vote 
of  the  members  of  the  Council 
elected. 

Druggists,  Who  Soli  According  to  I.aw, 

Not  to  Apply  to. 

Sec.  5.  Druggists  who  furnish 
liquors  for  medicinal,  mechanical, 
scientific  or  sacramental  purposes  only 
and  in  strict  compliance  with  law, 
shall  not  come  within  the  provisions 
of  the  foregoing  sections  relating  to 
saloons. 

Other  Licenses — How  Granted — Terms 

of. 

Sec.  6.  No  licen.se  shall  be  granted 
for  more  than  one  year  and  before  the 
issuance  thereof  the  licensee  shall 
execute  a  bond  to  the  city  in  such 
pengl  sum  as  the  Council  may  pre- 
scrilDe,  with  one  or  more  sureties  con¬ 
ditioned  for  the  faithful  observance 
of  this  Charter  and  the  ordinance.s 
and  regulations  of  the  Council  of  said 
city.  All  licenses  shall  terminate  on 
the  first  day  of  May  following  their 
issuance. 


49 


TITLE  XVn. 

CE3IETERIES. 

Cemeteries — Adinlnistrati\ie  Board  to 
Have  Charge  of.  Survey,  Make  Sale 
of  Lots,  Improve  and  Regulate — 
Limitation  as  to  Price  of  Certain 
I  Sites  and  Lots. 

Sec.  1.  The  -Administrative  Board 
shall  have  exclusive  care,  custody,  and 
management  of  all  cemetery  property 
belonging  to  the  city  and  shall  have 
authority  to  adopt  rules  and  regula¬ 
tions  for  the  use  of  cemetery  lots  in 
any  of  the  cemeteries  of  the  city  and 
for  the  care  thereof.  It  may  cause 
to  be  made  suitable  surveys  and  maps 
of  all  cemeteries  and  shall  regulate 
the  sales  and  prices  of  lots  and  in¬ 
terments  therein,  and  shall  make  such 
improvements  and  regulations  for  the 
use  and  protection  of  such  cemeteries 
as  it  may  deem  proper;  Provided, 
there  shall  always  be  for  sale,  in  some 
of  the  city  cemeteries,  single  grave 
sites  at  not  to  exceed  one  dollar  for 
sites  under  four  feet  in  length  and 
two  dollars  for  sites  four  feet  and 
over  in  length.  The  Council  shall 
make  an  annual  appropriation  for  care 
of  such  sites:  Provided  further,  that 
there  shall  always  be  for  sale  in  some 
of  the  city  cemeteries  family  burial 
lots,  containing  one  hundred  and 
twenty  square  feet,  at  not  to  exceed 
thirty  dollars,  and  containing  two 
hundred  and  forty  square  feet  at  not 
to  exceed  fifty  dollars. 

It  may  expend,  for  the  care  and 
improvements  of  the  cemeteries, 
moneys  received  by  it  from  the  sale 
of  lots  and  other  sources  of  revenue, 
subject  to  the  other  provisions  of  this 
Charter. 

Board  May  Accept  Trii.sts  for  Certain 
Purposes.  Income — How  Expended. 

Sec.  2.  The  said  board  is  hereby 
authorized  to  accept  from  any  person 
any  conveyance,  gift,  bequest  or  de¬ 
vise,  in  trust  for  the  use  and  purpose 
I  of  keeping  in  good  order  and  repair 
any  or  all  burial  lots,  monuments, 
vaulLs,  tombs,  graves  and  lot  improve¬ 
ments  as  well  as  for  the  planting  and 
care  of  flowers  or  shrubbery  on  such 
-  lots  or  graves  or  any  part  thereof  in 
'  the  cemeteries  or  any  part  thereof 
under  the  charge  and  control  of  such 
board,  but  for  no  other  use  or  purpose 
whatsoever.  All  funds  in  trust  for 
such  uses  or  purposes  shall  pass  to 
and  be  held  by  the  Board  of  Sinking 
Fund  Commissioners,  and  be  kept 
separate  and  apart  from  all  other 
funds  under  its  control  and  invested 
as  in  this  Charter  provided,  and  the 
whole  income  thereof  shall  be  paid 
over  to  the  Administrative  Board  and 


used  according  to  the  terms  of  the 
trust  and  accounted  for  accordingly. 

Earnings  of  Cemeteries — Administra¬ 
tive  Board  May  Expend  for  Care  and 
Upkeep. 

Sec.  3.  The  Administrative  Board 
shall  have  the  authority  to  expend  the 
earnings  from  cemetery  funds  in  the 
hands  of  the  Board  of  Sinking.  Fund 
Commissioners  for  the  care  and  up¬ 
keep  of  the  cemeteries  from  which  the 
fund  was  created. 

Cemetery  Lots — Conveyances  of — How 
Executed  and  Recorded — Control 
Retained. 

Sec.  4.  All  deeds  and  conveyances  of 
cemetery  lots  shall  be  executed  by  the 
Mayor  and  City  Clerk,  countersigned 
by  the  Comptroller  and  recorded  in 
the  office  of  the  City  Clerk:  Provided, 
that  no  deed  or  conveyance  shall  be 
delivered  to  any  person  until  the  receipt 
for  the  purchase  price  thereof  is 
shown  to  the  officer  executing  or  con¬ 
veying  the  same:  Provided,  however, 
that  such  deed  shall  not  in  any  way 
preclude  or  limit  the  right  and  au¬ 
thority  of  the  board  to  approve  and 
give  final  directions  as  to  grading  and 
platting  lots,  monuments  to  be  erected, 
and  other  improvements  and  use  of 
the  same. 

Cemeteries  and  Lots  Exempt  from 
Taxation — Execution,  Levy  and  Sale 
or  Other  Process. 

Sec.  5.  The  cemetery  properties  of 
the  City  of  Grand  Rapids,  and  all  lots 
or  plats  therein  which  have  been  or 
shall  hereafter  be  conveyed  by  said 
city  as  places  of  burial  of  the  dead, 
shall  forever  be  exempted  from  taxa¬ 
tion  and  from  special  assessments  for 
local  improvements,  and  shall  not  be 
liable  to  be  levied  upon  or  sold  under 
execution  or  be  applied  to  the  payment 
of  debts  by  any  assignment  under  any 
insolvent  law,  or  by  any  compulsory 
process  of  law. 


TITLE  XVIII. 

MISCELLANEOUS. 

Bonds  of  City  Officers  and  Employes — 

Foitu  and  Approval  of. 

Sec.  1.  The  Council  shall  prescribe 
the  character  and  amount  of  surety 
bonds  t6  be  furnished  by  any  officer 
or  employe  of  the  city.  Such  bonds 
before  acceptance  shall  be  approved 
as  to  form  and  validity  by  the  City 
Attorney:  and  when  so  approved  and 
accepted  by  the  Council  shall  be  filed 
with  the  City  Clerk. 

Cost  Paid  by  City. 

Sec.  2.  The  cost  of  all  bonds  re¬ 
quired  to  be  given  under  the  provisions 


50 


of  this  Charter  by  any  and  all  city 
officials  or  employes  shall  be  paid  by 
the  city, 

A^'arrants  Void  Wlien  V'und  is  Ex¬ 


hausted. 

Sec,  3,  No  warrant  shall  be  drawn 
upon  the  treasury  after  the  specific 
appropriation  from  which  it  is  pay¬ 
able  has  been  exhausted;  and  in  case 
any  warrant  is  so  drawn  it  shall  be 
void. 

Contingent  Fund— Temporary  Transfer 
of  Moneys  to  Sinkino-  Fund  Au¬ 
thorized. 

Sec.  4.  Moneys  not  received  or  ap¬ 
propriated  for  any  particular  purpose 
shall  be  credited  to  the  Contingent 
Fund.  The  Council  may,  by  majority 
vote,  upon  the  written  request  of  the 
Administrative  Board,  temporarily 
transfer  to  the  Sinking  Fund  any  funds 
not  needed  for  the  purpose  for  which 
the  same  are  appropriated  for  a  period 
of  not  less  than  sixty  days,  and  which 
transfer  shall  specify  the  purpose 
thereof  and  the  investment  to  be  made 
of  such  funds. 


Warrants  Payable  Only  from  Specified 
Appropriation.  HE 


Sec,  5.  Every  warrant  upon  the 
(treasury  shall  specify  the  specific  ap¬ 
propriation  from  which  it  is  payable, 
and  shall  be  paid  therefrom. 

Fiscal  V'ear. 


Sec,  6.  The  fiscal  year  of  the  city 
shall  begin  on  the  first  day  of  April 
in  each  year  and  end  on  the  last  day 
of  March  in  each  year. 

Annual  Reports — Budget. 

Sec.  7.  The  Administrative  Board 
and  every  other  official,  commission, 
board  or  department  not  under  the 
Administrative  Board  shall  render,  an¬ 
nually,  on  the  last  Tuesday  of  April, 
and  oftener  when  required  by  resolu¬ 
tion  of  the  Council  and  in  accordance 
with  such  resolution,  their  whole  and 
complete  written  report  of  the  busi¬ 
ness  of  such  office,  commission,  board 
or  department,  or  any  division  thereof 
covering  the  period  of  the  fiscal  year 
and  of  the  doings  of  the  several  subor¬ 
dinates,  and  shall  make  such  com¬ 
ments  find  recommendations  for  the 
irhprovement  and  needs  of  the  work 
of  the  office,  commission,  board  or 
department,'  as  he  or  it  may  deem 
expedient  or  necessary.  All  reports 
so  made  shall  be  public,  and  the  origi¬ 
nal  thereof  shall  be  filed  with  the 
City  Clerk.  Each  such  annual  report 
shall  show  the  amount  of  money  re¬ 
ceived  and  expended,  and  the  balance 
on  hand,  and  shall  also  contain  an 
estimate  of  the  probable  income  for 
the  ensuing  year,  and  a  recommenda¬ 
tion  as  to  what  sum  of  money  in  his 


or  its  judgment  should  be  placed  in 
the  next  annual  budget  to  be  raised 
by  direct  taxation  or  in  any  other 
manner.  Such  reports  shall  be  printed 
and  published  as  the  Council  may 
direct  in  a  single  bound  volume.  All 
reports  of  receipts  and  expenditures 
of  money  and  estimates  for  the  budget 
shall  be  upon  blanks  furnished  by  the 
Comptroller. 

Contracts — Term  of  Limited,. 

Sec.  8.  Except  as  otherwise  pro¬ 
vided  in  this  Charter,  no  contract 
shall  be  entered  into  by  the  city  for 
a  period  exceeding  fiv.e  years. 

Contracts  To  Be  in  Triplicate. 

Sec.  9,  All  contracts  executed  by 
the  city  shall  be  in  triplicate,  one 
copy  thereof  to  be  filed  with  the  Comp¬ 
troller  and  one  with  the  City  Clerk. 

Contracts  for  City  Printing — Council 

to  Advertise  For. 

Sec.  10.  The  Council  shall  annually 
advertise  for  bids  and  award  contracts 
for  city  printing  and  advertising.  One 
contract  shall  cover  the  printing  of 
the  city  pamphlets  in  manner  and 
form  as  the  Council  shall  provide  by 
ordinance,  which  shall  contain  the 
record  of  the  proceedings  of  the  Coun¬ 
cil.  One  contract  shall  cover  all  ad¬ 
vertising  where  the  city  is  required  by 
this  Charter  to  advertise  in  one  daily 
newspaper,  and  such  newspaper  shall 
be  known  as  the  official  paper.  One 
contract  shall  cover  all^  advertising  in 
a  second  daily  newspaper  and  shall  in¬ 
clude  all  advertising  where  the  city  is 
required  by  this  Charter  to  advertise 
in  more  than  one  daily  newspaper. 
Books,  Papers,  etc.,  to  be  Delivered  to 

Successor — Violation  How  l^unislied. 

I 

Sec.  11.  Whenever  any  officer  shall 
resign  or  be  removed  from  office,  or 
the  term  for  which  he  shall  have  been 
elected  or  appointed  shall  expire,  he 
shall,  on  demand,  deliver  to  hLs  suc¬ 
cessor  in  office  all  the  books,  papers, 
mone.vs  and  effects  in  his  custody  as 
such  officer,  or  in  any  way  appertain¬ 
ing  to  his  office.  Every  person  violat¬ 
ing  this  provision  shall  be  deemed 
guilty  of  a  misdemeanor  and  punished 
as  the  Council  shall  by  ordinance  pro¬ 
vide. 

Rights  to  Use  and  Occupy  Streets— 

How  and  for  What  Term  Granted. 

Sec.  12.  No  right  for  the  use  or  oc¬ 
cupancy  of  any  street  for  any  purpose 
shall  be  granted,  except  by  a  two- 
thirds  vote  of  the  Councilmen  elect, 
nor  shall  any  such  right  be  granted 
for  a  period  exceeding  30  years,  and 
no  such  franchise  or  right  so  granted 
shall  affect  the  right  or  claim  of  any 
person  for  damages  sustained  by  rea¬ 
son  of  the  exercise  of  such  right 


■r- 


t' 


> 


against  the  person,  firm  or  corpora¬ 
tion  exercising  the  same. 

Title  to  Public  Property  Not  To  Be 

Acquired  by  Adverse  Possession  or 

Given  Away. 

Sec.  13.  No  person,  persons,  firm  or 
corporation  shall  be  entitled  to  any 
street,  lane,  alley,  public  place,  square, 
or  any  part  thereof,  or  to  any  right 
therein  by  reason  of  any  occupancy 
thereof  had,  created  or  claimed  by 
adverse  poss-ession.  The  Council  shall 
not  possess  the  power  to  give  away, 
surrender  or  relinquish  the  control 
of  any  street,  lane,  alley,  court,  public 
square  or  place,  or  create  any  per¬ 
manent  use  thereof  for  any  other  pur¬ 
pose  than  for  street  or  public  pur¬ 
poses,  except  by  regular  vacation  pro¬ 
ceedings. 

Claims  for  Damages — Notices  of — 

When  and  How  Given. 

Sec.  14.  If  any  claim  for  unliquidated 
damages  is  made  against  said  city  for 
injuries  to  persons  or  property  by 
reason  of  any  defects  in  the  sidewalks, 
streets,  highways,  crosswalks,  bridges, 
alleys,  courts,  public  grounds,  or  public 
places  in  said  city,  or  by  reason  of  any 
negligence  on  the  part  of  said  city,  or 
said  city  officials,  or  its  employes,  in 
any  public  work  in  which  it  or  they 
are  engaged,  or  any  claim  is  made 
against  said  city  in  an  action  of  tort, 
the  claimant  in  such  cases  shall  present 
the  same  to  the  Council  within  sixty 
days  after  the  injury  or  wrong  oc¬ 
curred,  such  claim  shall  state  the  place 
where  such  injury  or  wrong  was  re¬ 
ceived.  the  names  of  claimant’s  wit¬ 
nesses  concerning  the  same,  then 
known  to  claimant,  a  description  of 
the  injury  sustained,  and  a  succinct 
statement  of  the  facts  constituting 
such  claimant’s  demands  against  said 
city  and  any  further  statement  that 
may  be  required  by  said  Council,  If 
said  claim  arises  from  injury  received 
by  reason  of  any  defect  in  the  side¬ 
walks,  streets,  highways,  bridges,  al¬ 
leys,  courts,  public  grounds  or  public 
places  in  said  city,  or  public  works 
in  which  the  said  city  or  its  officials 
are  engaged,  the  claimant  who  alleges 
injury  thereon  shall  give  notice  to  the 
city  by  a  written  statement  filed  with 
the  City  Clerk  within  ten  days  of  the 
time  of  said  injury,  specifying  the  loca¬ 
tion  upon  the  street,  alley,  lane,  high¬ 
way,  sidewalk,  crosswalk,  bridge, 
court,  public  place  or  public  ground, 
or  public  works  where  the  same  was 
received,  and  the  general  character 
of  the  alleged  defect  claimed  to  have 
existed  resulting  in  the  injury  of  the 
claimant;  said  preliminary  notice  not 
to  take  the  place  of  the  specific  no¬ 
tice  herein  required  to  be  filed  within 
sixty  days.  If  required  by  the  Coun¬ 
cil  or  a  committee  thereof,  said  claim¬ 


ant  shall  produce  his  witnesses  before 
'  said  Council  or  committee  and  they 
m.ay  be  sworn  and  examined  as  to  the 
nature  of  the  claims,  the  amount  there¬ 
of  and  the  particular  basis  upon  which 
they  are  miade.  The  Council  or  com¬ 
mittee  shall  have  power  to  .subpoena 
witnesses  for  such  hearing.  Any  such 
claim  shall  be  void  unless  such  claim¬ 
ant  shall  bring  an  action  against  said 
city  for  such  a  demand  within  a  period 
of  one  year  from  and  after  said  Coun¬ 
cil  has  had  a  reasonable  time,  not  to 
exceed  sixty  days,  to  investigate  and 
pass  upon  such  claim. 

Claims  for  Damages-^ — Bar  to  Action, 

etc. 

Sec.  15.  It  shall  be  a  sufficient  bar 
to  any  action  or  proceeding  brought 
in  any  court  for  the  recovery  of  any 
such  claim  against  the  city  that  such 
claim  has  never  been  presented  to  the 
Council,  or  notice  thereof  given  either 
as  to  the  time  and  place  of  injury  or 
of  the  specific  basis  of  the  claim  as 
provided  for  in  the  preceding  section, 
within  the  time  therein  limited,  or 
that  the  action  or  proceeding  was 
brought  before  said  Council,  had  such 
reasonable  time  to  investigate  and 
pass  upon  such  claim  as  hereinbefore 
provided,  or  that  such  claimant  did 
not  produce  his  witnesses  for  examina¬ 
tion  upon  claim  made,  as  required  by 
the  preceding  section,  or  that  the  ac¬ 
tion  or  proceeding  was  not  brought 
within  the  period  of  one  year  after 
the  time  elapsed  for  the  Council  to 
investigate  and  pass  upon  such  claim 
as  hereinbefore  provided. 

Contractor  Liable  for  Damages  to  Per¬ 
sons  or  Property  Injured  Througli 

Negligence  —  City  Subrogated  bo 

Plaintiff's  Bights  in  Certain  Casts. 

Sec.  16.  If  any  contractor  shall  fail 
to  maintain  sufficient  fence  or  protec¬ 
tion  guards  to  prevent  damage  or  in¬ 
jury  to  persons  or  property,  or  shall  be 
guilty  of  other  negligence  in  doing 
work  under  contract,  and  injury  to 
persons  or  property  shall  occur  by 
reason  of  such  default  or  negligence, 
such  contractor  and  his  bondsmen 
shall  be  liable  to  the  person  injured  in 
person  or  property,  for  the  damage 
sustained,  to  be  recovered  with  costs 
in  the  proper  form  of  action  in  any 
court  of  competent  jurisdiction.  If 
any  judgment  be  recovered  against  the 
city  as  defendant  in  any  suit  based 
upon  such  default  or  negligence,  the 
city  shall  be  subrogated  to  the  rights 
of  the  plaintiff  against  such  contractor 
or  his  bondsmen. 

I'owors  Reserved  to  City  I?egarding 

Fulfillment  of  Contraets. 

Sec.  17.  Every  contract  to  which 
the  city  Ls  a  party  shall  reserve  to  the 


52 


city  the  right  to  determine  finally  all 
questions  as  to  the  proper  perform¬ 
ance  of  such  contract,  or  any  unfinish¬ 
ed  portion  thereof  and,  in  case  of  the 
improper,  dilatory  or  imperfect  per¬ 
formance  thereof,  to  suspend  the  work 
at  any  time  and  to  order  the  partial 
or  entire  reconstruction  of  the  same, 
and,  whenever  from  unreasonable  de¬ 
lay  in  the  work  or  for  other  just  cause, 
it  shall  deem  such  contract  forfeited, 
to  relet  the  work  covered  by  such  con¬ 
tract,  or  any  unfinished  portion  thereof, 
and  power  is  hereby  given  said  city  to 
determine  all  such  questions  arising 
under  any  such  contract  according  to 
the  true  intent  and  meaning  thereof. 
Every  contract  shall  also  reserve  to 
the  city  the  right,  when  it  shall  be¬ 
come  satisfied  that  the  work  provided 
for  in  any  contract  will  not  be  com¬ 
pleted  within  the  time  limited,  to  place 
additional  men  and  teams  on  said  work 
and  supply  additional  material  if  nec- 
essry,  and  render  such  assistance  as 
it  may  deem  advisable  for  the  com¬ 
pletion  of  such  contract,  and  all  cost 
and  expense  thereof  shall  be  charged 
to  the  contractor  and  retained  by  said 
city  out  of  the  contract  price. 

Arrests  AVithout  Process.  ^ 

Sec.  IS. — The  chief  of  police,  police 
officers,  police  detectives,  police  con¬ 
stables  and  special  policemen  of  the 
city,  in  addition  to  the  powers,  duties 
and  authority  possessed  by  them  at 
common  law  and  the  laws  of  this  state, 
in  matters  of  a  criminal  nature,  shall 
have  power  to  arrest  without  process 
all  persons  who  in  the  presence  of 
the  arresting  officer  shall  be  engaged 
in  the  violation  of  any  law  or  ordi¬ 
nance,  and  such  persons  may  be  de¬ 
tained  in  custody  until  complaint  can 
be  made  and  process  issue  for  their 
arrest  and  trial;  and  it  shall  be  the 
duty  of  such  officer  to  make  such  com¬ 
plaint  and  procure  such  process  in  the 
proper  court  as  speedily  as  possible 
after  such  arrest. 

Police  Court  to  Enforce  Rules  and  Or. 

dinances. 

Sec.  19.  The  police  court  of  the 
City  of  Grand  Rapids  shall  have  juris¬ 
diction  for  the  enforcement  of  all  the 
legal  provisions  of  th's  Charter,  and 
of  all  Ordinances  in  pursuance  thereof 
concerning  the  cemeteries,  or  of  the 
general  statutes  of  the  state,  within 
the  boundaries  of  cemeteries,  both 
within  and  without  the  city,  an  1  to 
that  end  the  Council  may  ‘adopt  ordi¬ 
nances  and  regulations  in  relation  to 
such  enforcement,  and  may  provide 
for  the  imposition  of  penalties,  for  im¬ 
prisonment,  or  both,  for  any  violation 
thereof. 

Expenses  of  Apprclicnding  Criminals. 

Etc..  To  Pc  l^aid  b.v  Kent  Count.v. 

Sec.  20.  The  expen.ses  of  apprehend¬ 


ing,  examining  and  committing  of¬ 
fenders  against  the  laws  of  this  state 
in  said  city,  and  their  confinement, 
shall  be  audited  and  paid  by  the 
supervisors  of  the  County  of  Kent,  in 
the  same  manner  as  if  such  expenses 
had  been  incurred  in  any  town  of  the 
said  county. 

Suits  to  Recover  Fines,  Etc. 

Sec.  21.  All  suits  which  shall  be 
commenced  to  recover  any  fine,  penalty 
or  forfeiture  for  the  violation  of  any 
by-laws,  ordinance  or  regulation  of 
the  Council,  or  of  any  of  the  provisions 
of  this  Charter,  shall  be  brought  in 
the  name  of  the  City  of  Grand  Rapids 
in  any  court  having  jurisdiction 
thereof. 

No  Person  Disqualified  as  Judge, 

Juror  or  Witness  Because  of  Resi¬ 
dence  in  City. 

Sec.  22.  No  person  who  is  an  in¬ 
habitant  of  the  city,  and  who  has  the 
other  requisite  qualifications  therefor, 
and  is  not  specially  exempt  therefrom, 
shall  be  disqualified  from  acting  as  a 
judge,  justice  or  a  juror  in  the  trial 
or  other  proceedings  in  any  suit 
brought  to  recover  any  such  fine,  pen¬ 
alty  or  forfeiture,  nor  from  serving 
any  process  or  summoning  a  jury  in 
such  suit,  nor  from  acting  in  any 
capacity  in  any  proceeding  before  or 
during  the  trial  thereof,  or  in  any 
proceeding  after  judgment  therein, 
taken  to  carry  such  judgment  into  ef¬ 
fect;  nor  shall  any  such  person  be  dis¬ 
qualified  from  being  a  witness  on  the 
trial  of  any  issue  or  upon  the  taking 
of  any  inquisition  or  assessment,  or 
any  investigation  of  facts  to  which  is¬ 
sue,  inquest  or  investigation  in  any 
suit  as  aforesaid,  the  city  or  any  city 
or  ward  officer  is  a  party,  or  on  which 
the  city  or  such  officer  is  interested. 

provisions  of  Ihreccding  Section  to  Ap¬ 
ply  to  All  Suits  Bi’Ought  by  City. 

Sec.  23.  All  of  the  provisions  of  the 
preceding  section  in  relation  to  the 
disqualification  of  any  person  because 
of  his  residence  in  the  city,  shall  apply 
to  all  suits  of  whatever  nature,  civil  or 
criminal,  brought  in  the  name  of  the  ^ 
City  of  Grand  Rapids,  or  on  its  ac¬ 
count  or  in  its  behalf.  * 

Pleadings  in  Certain  Cases. 

Sec.  24.  In  suits  commenced  before  ^ 
any  justice  of  the  peace  or  in  any 
other  court  for  the  recovery  of  any 
fine,  penalty  or  forfeiture  for  violation 
of  any  provisions  of  the  statutes  of 
thi.s  state  or  any  provisions  of  this 
Charter,  or  of  any  by-law,  ordinance 
or  regulation  of  the  Council,  it  shall 
not  be  necessary  to  file  any  declara¬ 
tion  therein  or  to  recite,  or  to  name 
any  plea  in  any  writ  or  process,  but 
the  plea  of  the  defendant  shall  be  the 
same  as  in  criminal  cases  and  shall 


be  to  the  complaint  filed  in  such  suit. 
If  upon  the  trial  of  any  such  suit  the 
defendant  is  acquitted,  the  judgment 
entered  shall  show  that  fact,  and  if 
convicted  it  shall  show  the  judgment 
for  the  fine,  penalty  or  forfeiture  for 
which  suit  was  brought,  and  costs 
therein,  and  the  term  of  imprisonment, 
if  any,  in  case  of  the  non-payment 
thereof. 

Fines,  Costs  and  Imiorisonment — Exe¬ 
cutions  For. 

Sec.  25.  Every  execution  for  any 
fine,  penalty  or  forfeiture  recovered 
for  the  violation  of  any  of  the  pro¬ 
visions  of  the  statutes  of  this  state,  or 
of  this  Charter,  or  of  any  by-law.  or¬ 
dinance  or  regulation  of  the  Council, 
may  be  issued  immediately  on  the  ren¬ 
dition  of  the  judgment  and  shall  com¬ 
mand  the  amount  thereof  to  be  made 
of  the  property  of  the  defendant,  if 
any  such  can  be  found,  and  if  not, 
then  to  commit  the  defendant  to  the 
Kent  County  jail  for  such  time  as  shall 
be  fixed  therein  by  the  court  from 
which  such  execution  was  issued.  It 
shall  be  lawful  for  the  officer  receiv¬ 
ing  such  execution  to  take  the  body 
of  such  defendant  therein,  unless  such 
defendant  shall  point  out  or  deliver 
to  such  officer  sufficient  goods  and 
chattels  belongvn^^  to  such  defendant, 
liable  to  execution  and  free  from  all 
encumbrances,  to  satisfy  the  same.  The 
keeper  of  said  Kent  County  jail  shall 
receive  the  said  defendant  and  keep 
him  safely  therein  during  the  time 
mentioned  in  said  writ  unless  he  shall 
sooner  pay  the  amount  specified  in 
such  execution  and  the  cost  of  his  de¬ 
tention. 

Payment  of  Judgments  and  Costs  by 

City. 

Sec.  26.  No  execution  shall  issue 
against  the  city  for  any  judgment  or 
costs  recovered  against  it.  but  the 
Council  shall  allow  and  pay  the 
amount  of  any  final  judgment  or  costs 
which  may  be  recovered  against  the 
city  in  the  same  manner  as  accounts 
are  audited  and  paid  by  the  city. 

Not  Necessary  for  City  to  111c  Bond. 

Sec.  27.  Whenever  the  city  shall 
take  any  proceedings  or  shall  be  a 
party  to  any  suit  or  proceeding  in  any 
court,  or  an  apnellant  from  any  judg¬ 
ment  or  final  order  of  a  court  wherein 
by  the  statutes  of  the  state,  or  by  the 
rules  and  practice  of  the  court  where 
such  suit  or  proceeding  is  to  be  com¬ 
menced  or  is  pending  or  is  sought  to 
be  taken,  a  bond  is  required  to  be 
given,  such  statutes  or  such  rules  and 
practice  of  the  court  shall  not  apply 
to  said  city,  but  such  proceedings  or 
appeal  may  be  taken  and  such  suit 
brought  by  said  city  without  the  giv¬ 
ing  of  such  bond. 


Public  Records — What  Deemed  to  Be 

— Effect  as  Evidence. 

Sec.  28.  All  papers,  books  or  other 
records  of  any  matter  required  by  the 
general  statutes  of  this  state,  or  any 
of  the  provisions  of  this  Charter,  or 
by  the  provisions  of  any  by-law,  or¬ 
dinance,  resolution  or  regulation  of 
the  Council,  to  be  kept  in  any  of  the 
several  departments  of  the  municipal 
government  of  the  city,  shall  be 
deemed  public  records  of  such  depart¬ 
ments,  and  the  same  or  copies  duly 
certified  by  the  custodian  thereof  shall 
be  prima  facie  evidence  of  their  con¬ 
tents  in  all  suits  at  law  or  in  equity  or 
in  any  other  proceedings. 

Pensions  for  Policemen  and  Firemen. 

Sec.  29.  Upon  wmitten  recommenda¬ 
tion  of  the  General  Manager  of  the 
Department  of  Health  and  Safety, 
which  shall  set  forth  in  verified  detail 
the  cause  of  the  action,  the  Adminis¬ 
trative  Board,  by  a  four-fifths  vote, 
shall  have  authority  to  pay  pensions, 
under  rules  to  be  provided  by  ordin¬ 
ance,  to  disabled  firemen  or  policemen 
or  to  firemen  or  policemen  who  have 
been  in  continuous  service  of  either  or 
both  departments  for  a  period  of  not 
less  than  tw'enty  years,  or  to  the  widows 
or  other  dependents  of  firemen  or  po¬ 
licemen  killed  in  discharge  of  their 
duties;  and  the  Comptroller  shall  pay 
such  claim  when  certified  to  him  by 
the  Administrative  Board.  All  such 
pensions  now  in  existence  shall  con¬ 
tinue  in  full  force  and  effect.  No  new 
pension  to  a  policeman  or  fireman  for 
temporary  injury  shall  be  paid  for 
more  than  six  months  or  for  more 
than  two-thirds  of  the  regular  pay  of 
such  disabled  member.  No  pension  to 
firemen  or  policemen,  wffio  may  be  re¬ 
tired  after  at  least  twenty  years  of 
service  as  aforesaid,  shall  exceed  a 
sum  equal  to  one-half  of  the  amount 
paid  to  full  paid  firemen  and  police¬ 
men  filling  like  positions  at  the  time 
of  their  retirement.  No  pension  to  a 
widow  or  other  dependent  as  afore¬ 
said  shall  be  paid  for  a  period  longer 
than  five  years  or  in  a  sum  exceeding 
$30  0  per  year. 

Perquisites  Prohibited. 

Sec.  30.  No  city  officer  or  employe 
shall  receive  directly  or  indirectly  any 
perquisite  of  office  in  addition  to  his 
salarv. 

Buildings  Threatened  b.y  Fire — When 

May  be  Destroyed — Claims  for  Dam¬ 
ages  Therefor — How  and  When 

Ih'esented  to  Council. 

Sec.  31.  Whenever  any  building  in 
the  city  shall  be  on  fire  it  shall  be 
lawful  for  the  fire  marshal  or  his  as¬ 
sistant  in  charge  at  such  fire,  with  the 
consent  of  a  member  of  the  Admin- 


istrative  Board,  to  order  such  building 
or  any  part  thereof  not  on  fire,  but 
which  may  be  deemed  hazardous  or 
likely  to  communicate  fire  to  other 
buildings,  to  be  pulled  down  and  de¬ 
stroyed.  In  such  case  no  action  shall 
be  maintained  against  the  city  or  any 
person  therefor  until  after  a  claim 
therefor  shall  have  been  presented  to 
the  Council  and  disallowed  in  whole  or 
in  part  by  it. 

The  Council  shall,  by  general  ordin¬ 
ance,  prescribe  the  time,  manner  and 
form  in  which  claims  against  the  city 
under  this  section  may  be  presented 
and  the  time  thereafter  within  w^hich 
suits  based  thereon  shall  be  instituted 
against  it. 

Except  in  those  cases  where  the 
pulling  down  or  destruction  of  the 
building  shall  deprive  the  claimant  of 
the  right  to  collect  insurance  actually 
in  force  thereon,  the  Council  in  con¬ 
sidering,  and  the  Court  in  any  suit 
based  upon  any  such  claim,  shall  take 
into  account  the  probability  of  the 
building  having  been  destroyed  or  in¬ 
jured  by  fire  if  it  had  not  been  pulled 
down  or  destroyed. 

TITLE  XIX. 

SCHEDULE. 

That  no  inconvenience  may  arise 
from  the  changes  in  the  Charter  of  the 
city  hereby  made,  and  in  order  to  carry 
the  same  into  complete  operation,  it 
is  hereby  declared  that: 

Existing  Ordinances  and  Rules  Con¬ 
tinued  in  Force. 

Sec.  1.  The  existing  ordinances  and 
special  laws  of  the  city,  the  rules  and 
regulations  of  the  Council  and  of  all 
Boards  of  the  city  not  inconsistent 
with  this  Charter  are  hereby  re-enact¬ 
ed  and  shall  continue  in  force  until 
they  expire  by  limitation  or  are  super¬ 
seded  Or  repealed  by  action  of  the  con¬ 
stituted  authority:  Provide,  that  the 
Council  for  a  period  not  greater  than 
sixty  days  may  by  a  separate  vote 
upon  each  continue  in  force  any  such 
ordinances,  rules  or  regulations  in¬ 
consistent  with  this  Charter. 

City  to  Remain  Vested  With  Property, 

etc. 

Sec.  2.  After  the  adoption  of  this 
Charter,  the  city  shall  continue  to  be 
vested  with  all  the  property,  moneys, 
contracts,  rights,  credits,  effects,  and 
the  records,  files,  books  and  papers  be¬ 
longing  to  it  as  formerly  incorporated, 
and  no  right  or  liability,  either  in  fa¬ 
vor  of  against  it,  existing  at  the  time 
of  the  taking  effect  of  this  Charter, 
and  no  suit  or  prosecution  of  any 
character  shall  in  any  manner  be  af¬ 
fected  by  such  change,  but  the  same 
shall  stand  or  proceed  as  if  no  such 
change  had  been  made,  and  all  debts 


and  liabilities  of  the  city  shall  con¬ 
tinue  to  be  its  debts  and  lia¬ 
bilities,  and  all  fines  and  penalties 
imposed  and  all  taxes  and  assess¬ 
ments  levied  and  uncollected  at 
the  time  of  such  change  shall  be  col¬ 
lected,  and  all  licenses  issued  by  the 
city  shall  be  and  remain  the  same  as 
if  such  change  had  not  been  made: 
Provided,  that  when  a  different  rem-  - 
edy  is  given  in  this  Charter,  or  in  any 
ordinance  pursuant  hereto,  which  can 
be  made  applicable  to  any  rights  ex¬ 
isting  upon  the  adoption  of  this  Char¬ 
ter  or  subject  thereto,  the  same  shall 
be  deemed  cumulative  to  the  remedies 
before  provided,  and  may  be  used  ac¬ 
cordingly,  unless  the  newly  provided 
remedy  shall  be  expressly  declared  to 
be  exclusive. 

Charter — 3Iethod  of  Pubisliing  Before 

Submission. 

Sec.  3.  This  Charter,  before  sub¬ 
mission  to  the  electors  shall,  to¬ 
gether  with  such  a  statement  of  its 
provisions  as  shall  be  prepared  by  or 
under  the  direction  of  the  Charter 
Commission,  be  published  in  the  fol¬ 
lowing  manner: 

Within  twenty  days  after  the  filing 
of  a  copy  of  the  Charter  with  the 
City  Clerk,  he  shall  cause  it  to  be 
printed  at  least  once  in  the  official 
paper  of  the  city,  together  with  such 
statement  of  its  provisions. 

Under  the  direction  of  this  Commis¬ 
sion,  and  within  thirty  days  after  such  • 
filing,  the  Clerk  shall  procure  printed 
copies  of  such  Charter  and  statement 
in  pamphlet  form  from  the  official 
paper  in  like  manner  as  pamphlet 
copies  of  the  proceedings  of  the  Coun¬ 
cil  are  procured,  and  keep  on  file  for 
free  distribution,  and  shall  cause  to  be 
distributed  to  the  registered  voters 
of  said  city  either  copies  of  such  of¬ 
ficial  paper  or  of  such  pamphlet. 

Said  statement  shall  also  be  pub¬ 
lished  in  each  of  the  aaiiy  newspapers 
of  the  city,  not  more  than  15  days  nor 
less  than  10  days  before  the  election 
for  the  adoption  of  such  Charter,  and 
specific  attention  shall  be  directed  to  ^ 
the  issue  of  the  official  paper  contain¬ 
ing  such  Charter  and  to  the  fact  that  ^ 
copies  may  be  procured  at  the  office  , 
of  the  City  Clerk. 

Officers  to  Continue  in  Office.  ^ 

Sec.  4.  All  officers  now  holding  any 
office  or  appointment  shall  continue 
to  hold  the  same  unless  removed  by 
competent  authority,  until  superseded 
under  laws  now  in  force  or  under  this 
Charter. 

Ek'Ction  to  Adopt  Charter — Time  and 

Manner  of. 

Sec.  5.  This  Charter  shall  be  sub¬ 
mitted  for  adoption  or  rejection  to  a 


55 


vote  of  the  qualified  electors  of  the 
city  at  a  special  election  to  be  held 
on  Tuesday,  February  20th,  in  the 
year  1912.  Notice  of  such  election 
shall  be  given  in  the  same  manner 
and  for  the  same  length  of  time  as 
is  provided  in  the  existing  Charter  for 
special  elections,  and  the  votes  shall 
be  counted  and  canvassed  and  the  re- 
Jturns  made,  and  the  result  determined 
and  declared  in  the  same  manner,  as 
'^near  as  may  be,  as  provided  by  gen¬ 
eral  law  for  the  counting,  canvassing 
and  returning  of  votes,  and  the  de- 
l  termining  of  the  results  thereof. 

Charter  Election — \Vlio  Entitled  to 
Vote — Form  of  Ballot. 

Sec.  6.  The  ballots  used  at  such 
election  shall  contain  the  instructions 
required  under  the  general  election 
laws  of  the  state,  and  the  proposition 


to  be  submitted 

;  shall  be 

in  the 

lan- 

guage: 

“Shall 

the 

Revised 

Charter 

Be 

Adopted  ? 

( 

) 

Yes. 

“Shall 

the 

Revised 

Charter 

Be 

Adopted  ? 

( 

) 

No.’’ 

Every 

person 

entitled 

to  vote 

for 

city  officers  under  the  existing  Char¬ 
ter  may  vote  upon  said  adoption  or 
rejection. 

Should  the  revised  Charter  so  sub¬ 
mitted  receive  more  votes  in  its  favor 
than  shall  be  cast  against  it,  it  shall 
take  effect  and  be  the  governing  law 
of  the  city  on  and  after  the  first  Mon¬ 
day  of  May,  1912,  except  as  herein 
otherwise  provided. 

Council  and  Clerk — Duty  of  Upon 

Adoption  of  Charter. 

S^c.  7.  At  the  next  regular  meeting 
after  such  election  the  Council  shall 
canvass  the  vote  and  declare  the  re¬ 
sult  thereof,  and,  if  a  majority  of  the 
electors  shall  have  voted  in  favor  of 
the  adoption  of  the  Charter,  the  Coun¬ 
cil,  by  a  resolution  entered  upon  its 
records,  shall  declare  such  result  and 
that  a  majority  of  the  electors  voting 
thereon  voted  in  favor  of  the  adop¬ 
tion  of  such  Charter,  and  that  the 
4Name  was  thereby  adopted.  The  Clerk 
shall  thereupon,  and  within  thirty 
“^days  after  the  adoption  of  this  Char- 
•ter,  certify  to  four  copies  of  said  reso¬ 
lution  and  to  four  printed  copies  of 
^said  Charter,  and  file  two  copies  of 
each  with  the  Secretary  of  State  and 
the  County  Clerk,  respectively. 

Primary  Election — Time  of — Ofiicer.s 

Holding  Over. 

Sec.  8.  The  first  non-partisan  pri¬ 
mary  election  under  the  provisions  of 
this  Charter  shall  be  held  on  the 
third  Tuesday  preceding  the  first 
Monday  in  April,  in  the  year  1912; 
and  the  first  non-partisan  election 


under  the  provisions  of  this  Char¬ 
ter  shall  be  held  on  the  first  Mon¬ 
day  in  April,  in  the  year  1912.  No¬ 
tices  of  said  primary  and  of  said  elec¬ 
tion  and  of  the  officers  to  be  nominat¬ 
ed  and  elected  shall  be  given,  petitions 
for  nomination  filed,  the  elections  held 
and  conducted,  the  votes  canvassed, 
the  results  determined  and  notices 
given  the  persons  nominated  and 
elected,  as  the  case  may  be,  in  the 
manner  and  within  the  time  herein 
provided.  Nominating  petitions  for 
candidates  for  the  primary  in  1912 
may  be  filed  until  five  o’clock  in  the 
afternoon  of  the  tenth  day  prior 
thereto.  At  such  elections,  all  officers 
who  are  named  in  this  Charter  and 
required  to  be  elected  biennially 
shall  be  nominated  and  elected,  except 
the  Clerk  and  Comptroller  and  the 
twelve  Councilmen  elected  at  the  last 
general  city  election.  The  present 
City  Treasurer  shall  continue  to  hold 
office  and  shall  be  ex-officio  General 
Manager  of  the  Department  of 
Finance  and  Revenue  until  the  expira¬ 
tion  of  the  term  for  which  he  was 
elected. 

All  officers  elected  thereat  shall  take 
office  under  this  Charter  on  the  first 
Monday  in  May,  in  the  year  1912,  and 
the  •  terms  of  office  of  all  officers  su¬ 
perseded  by  any  officer  elected  under 
this  Charter,  or  whose  office  or  du¬ 
ties  are  abrogated  thereby,  shall 
thereupon  terminate  and  cease. 

All  terms  of  appointive  officers 
holding  office  under  the  city  shall  also 
terminate  and  cease  on  that  day,  and 
appointments  to  fill  offices  for  terms 
under  this  Charter  shall  begin  on  that 
day.  The  provisions  of  this  Charter 
limiting  the  Council  to  twelve  mem¬ 
bers  shall  take  effect  in  1913,  and  at 
the  first  Charter  election  under  this 
Charter  a  sufficient  number  of  Coun¬ 
cilmen  shall  be  elected  to  continue  the 
Council  w’ith  twenty-four  members, 
ea.ch  of  whom  shall  hold  office  for  one 
year.  In  1913,  twelve  Councilmen, 
the  Clerk  and  the  Comptroller  shall 
be  elected  to  hold  office  for  one  year. 
So  long  as  the  Council  consists  of 
twenty-four  members  the  representa¬ 
tion  of  the  city  upon  the  Board  of  Su¬ 
pervisors  shall  remain  as  at  present, 
and  the  other  provisions  of  this  Char¬ 
ter  fixing  such  representation  shall 
not  take  effect. 

l^Tseiit  Salaries  to  Continue. 

Sec.  9.  Unless  otherwise  herein  or 
by  ordinance  provided,  the  salaries  or 
compensation  of  all  city  officers  shall 
continue  as  under  the  existing  Char¬ 
ter  and  ordinances. 

Casli  Basis  Fund. 

Sec.  10.  For  the  purpose  of  plac¬ 
ing  the  city  upon  a  cash  basis,  the 
Council  shall  create  and  maintain,  so 


5G 


3  0112  098436246 


long-  as  necessary,  a  cash  basis  fund, 
and  for  this  purpose  it  shall  place 
in  the  budget  until  the  city  is  on  a 
cash  basis  and  until  the  amount  ac¬ 
cumulated  in  such  fund  shall  be  suf¬ 
ficient  to  meet  all  legal  demands 
against  the  treasury  for  any  shortage 
heretofore  existing,  five  cents  upon 
each  3100.00  of  the  value  of  the  prop¬ 
erty  placed  upon  the  assessment  roll 
each  j^ear. 

Until  the  said  city  is  on  a  cash 
basis,  the  Board  of  Sinking  Fund 
Commissioners  may  loan  to  the  said 
city,  such  sums  from  time  to  time  at 
a  rate  of  interest  not  exceeding  five 
per  cent,  funds  it  may  have  avail¬ 
able  for  such  purpose,  and  the  inter¬ 
est  upon  such  loans  shall  be  pro¬ 
vided  for  in  the  annual  budget.  Pro¬ 
vided,  that  the  authority  to  borrow 
money  given  by  this  provision  shall 
be  subject  to  the  other  limitations  of 
this  Charter  on  the  authority  to  bor¬ 
row  money. 

Special  Acts — Power  Conferred  by — 

To  be  Exercised  Until  Repealed. 

Sec.  11.  All  power  and  authority 
conferred  upon  any  municipal  officer, 
department  or  board  under  any  spe¬ 
cial  act  so  long  as-  such  act  remains 
in  force,  shall  continue  to  be  exer¬ 
cised  by  the  board,  officer  or  depart¬ 
ment  exercising  like  duties  under  this 
Charter. 

Repealing  Clause. 

Sec.  12.  The  existing  charter,  be¬ 
ing  Act.  No.  593,  Local  Acts  of  1905, 
and  all  acts,  amendatory  thereto  or 
forming  a  part  thereof,  are  hereby 
repealed,  except  Title  XIV  of  said  Act 
relating  to  the  Board  of  Education; 
Title  XVII,  relating  to  Justice  Courts; 
Title  XVIII,  relating  to  the  Police 
Court;  Title  XIX,  relating  to  dock 
and  safety  lines;  Title  XX,  relating  to 
the  Superior  Court;  Title  XXI,  relat¬ 


ing  to  Jury  Commissioners; 
XXIV,  relating  to  repeal  of  Hydraj 
Company’s  charter;  Title  XXVI, 
lating  to  Tax  Histories,  and  the 
amendatory  to  said  Titles 
XVII,  XVIII,  and  XIX,  XX,  >i 
XXIV  and  XXVI  which  are  repe 
only  so  far  as  inconsistent  with 
Charter;  Title  XIV  of  said  Act 
593  of  the  Local  Acts  of  1905,  b 
the  Title  covering  the  Board  of 
ucation,  and  the  acts,  amenda 
thereto,  are  hereby  continued  in 
force  and  effect,  except  that  par 
Act  No.  523  of  the  Local  Acts  of  1 
requiring  the  members  of  the  Be 
of  Library  Commissioners  to  be  v 
for  and  elected  at  the  same  time 
on  the  same  ballot  as  members  of 
Board  of  Education,  which  is  het 
repealed.  All  other  special  acts  b 
plementary  to  the  existing  charte 
the  city  are  hereby  repealed  so 
as  inconsistent  with  the  provision^ 
this  Charter  and  so  far  as  consis 
therewith  are  hereby  continued 
force,  until  the  same  are  supers 
by  lawful  authority  exercised  urj 
this  Charter  or  otherwise. 

Adopted  by  the  Charter  Commis; 
of  the  City  of  Grand  Rapids  of  1 
at  the  City  Hall  in  said  city,  on 
eleventh  day  of  November,  1911. 

R.  W.  IRWIN, 
Preside 

Adopted  by  the  Charter  Com 
Sion  of  the  City  of  Grand  Ra 
Mich.,  in  regular  session  assemt] 
on  November  11,  1911,  by  the  fob 
ing  vote: 

Yeas — Commissioners  Alt,  DeK 
Pleald,  Hoffius,  Irwin,  Landman, 
man,  Thornton,  Vandenberg,  Walj 
Wesselius.  Wykes — 12. 

Nays — Commissioners  Ball,  B 

— 2. 

Absent — Commissioner  Freelan 
JAMES  SCHRIVER, 
Secreta 


MILLS  PRINTING  CO.,  GRAND  RAPIDS.  MICH. 


